12 month break clause - need advice

[Kempston]

Hi all, New member here, who would appreciate some advice. I'm coming to the end of my 12 month TA and am now negotiating a new one. I'm happy to stay in the property but I know that the LL is getting itchy feet to sell at least one of his properties in the long term (he has other properties besides mine). I discussed this with the LA and they advised that I could ask for a 24 month TA with a 12 month break clause for safety. I'm a bit concerned about such a long period before the break clause kicks in. I don't have money worries but you never know. If I needed to leave before the 12 month break clause starts, then what would I be liable for: missing rent up to the end of the 12 months, or would it be up to the end of the full 24 months? Cheers in advance!

[Steve__M]

Leaving the property should not change your entitlement to invoke a break clause.

 

In the interim period (or until the property is relet or sold) you would be responsible for rent, bills etc. plus all your obligations as listed in the tenancy agreement (looking after the garden etc.).

 

Carefully check the wording of the break clause as often they are ambiguous and sometimes they include further obligations.

[Kempston]

Thanks for the advice Steve. Much appreciated.

[Ed999]

If I needed to leave before the 12 month break clause starts, then what would I be liable for: missing rent up to the end of the 12 months, or would it be up to the end of the full 24 months?

 

 

You would be liable, if you exercise the break clause correctly, for all rent due under the tenancy up to the date on which your break notice takes effect.

 

If you give an invalid break notice, or do not exercise the break clause at all, you will be liable for all rent due under the tenancy for the full 24 month fixed term.

 

I strongly recommend you to obtain advice, in writing, from a Solicitor as to the meaning and effect of the precise break clause proposed by the landlord, before signing a new agreement. There are a million different variations of this type of clause: there is NO standard form of this clause. You must find out, from your own Solicitor, what steps you would need to take, and when, if you eventually decided to exercise the clause proposed.

 

BEWARE: The clause might be a so called one-time clause. If it is, it might only be exerciseable prior to the end of the 12th month of the new tenancy, so you will particularly want your Solicitor to advise you as to any time limits in the clause: i.e. any deadline, by when the clause must be exercised, after the expiry of which the clause becomes ineffective.