if it is in the favour of the landlord), it is very unlikely that it will be enforceable.To be fully enforceable in law, break clauses need careful drafting with a high degree of legal expertise – these agreements should be drafted by a solicitor or barrister, or obtained from a known reliable published source.They provide landlords/tenants the opportunity to break a tenancy if personal circumstances change.This could include scenarios such as relocating for work related purposes, changes financial circumstances, or even because the relationship between the tenant and landlord turned sour.So, break clauses typically stipulate that they can only be enforced 6 months into the fixed term of a tenancy, no earlier!
Am I within my rights to say no to them letting it out while we are still paying rent, i.e. Also, would it be reasonable to suggest we come to a mutual agreement to early surrender of the property which they could then rent out as soon as they wanted?It’s also worth noting that if the tenancy wishes to end the tenancy on or after the fixed term, they only need to provide one months’ notice- that is their statutory right.Break clauses really are about flexibility for both tenant and landlord.If the clause is clearly drafted and equally fair to both parties, the landlord will have a better chance of getting possession.However, if the clause is poorly drafted and deemed unfair (e.g.
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Issuing a 6 month tenancy just seems much safer and reliable because there’s little margin for error in comparison.