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Legal matters

Break clause - is this legal?

5 replies

lill72 · 13/04/2015 15:26

Is it legal that the landlord has a 6 month breakclause but we do not?

Someone told me it wasn't?

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mollister · 13/04/2015 16:05

If you mean that your tenancy can come to an end after six months then yes that is legal - and providing the landlord serves you with notice within the time limits (think it is two months before end) then you have to go.
This is for a residential short term tenancy.

If you are talking about a commercial tenancy the rules are different but basically it is a matter for negotiation but there are rules around what the landlord can and cannot do with business tenants.

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lill72 · 13/04/2015 16:52

yes it is for residential.

A real estate agent just told us that it should be both ways - Ie we have the right to a break clause too? In our case, only the landlord does. These real estate agents are really dodgy so I would not put anything past them

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LIZS · 13/04/2015 16:54

An AST works both ways, so you can give a month's notice earliest 5 months in.

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Nolim · 13/04/2015 17:03

I have been in asymmetric contracts when the length of the breakclause is different for ll and tenant.

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frogsfromrumrah · 17/04/2015 19:46

I cant advise for residential, but for commerical tenancies, break clauses written into leases are not uncommon.

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