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ihaventaclue
29-10-2009, 13:38 PM
Hi

We are tenants with a 12 months AST until 30th April 2010.
We have now found out that the LL is going to sell the property at the end of our contract. We wanted a long term rent and have seen a property that is long term and that we would like to move into in about 6 weeks time.

There is no break clause in the contract and the 'TERM' states - "A term certain of 12 months from and including the First Day of May 2009 and until the 30th April 2010."

Our question is - can we break this Agreement without being sued for balance of rent up to 30th April?

We fully intend to give the LL one months notice in writing from the end of this month (Oct) as required within the contract.

We have been excellent tenants and have considerably improved the value of the property during the 6 months we have been tenants, through decoration and carpets etc

Any help or guidance would be much appreciated.
Many thanks

jeffrey
29-10-2009, 13:42 PM
No, of course you can't.
There's a monster 235-post thread about that very point (which clearly you haven't read) here: http://www.landlordzone.co.uk/forums/showthread.php?t=7904&highlight=early

ihaventaclue
30-10-2009, 16:16 PM
Well I do apologise for even asking!

Your abrupt response was not expected!!

Having read some of the other posts, I had assumed that there was an expectancy of courtesy between the respondee and responder!

It's clearly obvious from your curt response, that as an internet based company, the 'personal edge' gained from personal contact in your profession, that encourages customer/client relationships, is sadly missing.

Perhaps you might endeavour to be a little bit more understanding of the reasons behind some of the future queries and not to be so judgemental.

We as tenants are sometimes renting because of unfortunate personal situations, and are only trying to achieve some security in an otherwise fraught existence. We are NOT out to take advantage of the Landlord all of the time!

I appreciated your response, however, but not the portent.

Thank you

Snorkerz
30-10-2009, 23:22 PM
Oops (may I respond to your post - please don't tell me off)

Okay, have you read the post Jeffrey suggested?

Presuming the answer is yes, you will know that you entered into a fixed term contract and that contract gives the landlord rights and security as well as the tenant.

However, what are your negotiating skills like? You could mutually agree an early end to the tenancy.

LL is selling and would therefore want to show estate-agents / surveyors / prospective purchasers around.

You are entitled to "quiet enjoyment" of your property, which means he/agent/purchaser can only enter your property with your permission.

Maybe it would be to the LLs advantage to have vacant posession then he can have whoever he wants to visit, whenever he wants.

ihaventaclue
31-10-2009, 12:54 PM
Many thanks for that.

It's not that I'm overly sensitive - 10 years in the Army eradicated any of that! - but common courtesy will always go further than ignorance.

I have already started 'negotiating' but the response from the LL is a mite short of deafening! - in other words none at the moment.
I totally agree with your sentiments and that would appear to be the only amicable route out.
The trouble is that if we miss this new offer we could end up in unsuitable accomodation at the end of our contract in April.

It is a real worry and as I'm getting married in May!!!!!?????

Thanks again

mind the gap
31-10-2009, 13:25 PM
Many thanks for that.

It's not that I'm overly sensitive - 10 years in the Army eradicated any of that! - but common courtesy will always go further than ignorance.

I have already started 'negotiating' but the response from the LL is a mite short of deafening! - in other words none at the moment.
I totally agree with your sentiments and that would appear to be the only amicable route out.
The trouble is that if we miss this new offer we could end up in unsuitable accomodation at the end of our contract in April.

It is a real worry and as I'm getting married in May!!!!!?????

Thanks again

I would echo Snorkerz' advice and reassure you that beginning your married life in anywhere less than your dream home is not the end of the world. In fact, it is to be recommended.

May I also just add that your response to Jeffrey's post comes across as something of an overreaction. Your reaction would perhaps be similarly short if someone signed up in the Army for ten years but was bored with it after one year and wanted out without penalty. Do you not think it is reasonable to expect adults to read and understand abide legally binding contracts before they enter into them?

Good luck with the negotiations, anyway. :)

jeffrey
01-11-2009, 22:12 PM
Well I do apologise for even asking!

Your abrupt response was not expected!!

Having read some of the other posts, I had assumed that there was an expectancy of courtesy between the respondee and responder!

It's clearly obvious from your curt response, that as an internet based company, the 'personal edge' gained from personal contact in your profession, that encourages customer/client relationships, is sadly missing.

Perhaps you might endeavour to be a little bit more understanding of the reasons behind some of the future queries and not to be so judgemental.

We as tenants are sometimes renting because of unfortunate personal situations, and are only trying to achieve some security in an otherwise fraught existence. We are NOT out to take advantage of the Landlord all of the time!

I appreciated your response, however, but not the portent.

Thank you
As you say, you haven't a clue.