To not understand the rationale for not giving people a break clause in their tenancy agreement ‘because of covid’?

[JustMeAndMyTins]

I’m in the process of renting a new place but have flat-out been told that no landlords/agents are giving people a 6 month break clause now because of the government forcing landlords to give tenants 6 months notice (instead of say two previously). It was described to me as being impossible because the landlord ‘would have to give you notice the day you moved in’.

Errr...well only if they wanted me out 6 months in. And it would be 6 months whenever they did it. But also - wasn’t the break clause always mostly used by tenants, not landlords?

I’m not saying the 6 month thing isn’t a ball ache for them - but it really has no bearing on inserting a break clause does it? What am I missing?

Or is everyone else getting them and it’s just this shitshow of an agency?

Please help! I’m having second thoughts for other reasons but wouldn’t be so afraid to commit if I could (but probably wouldn’t) leave in half the time. I need to understand whether I’d be likely to get a break clause anywhere else.

Sorry if I explained that terribly!

My understanding is that pre-covid you would have had to invoke the break clause with the relevant notice (eg 2 months). Therefore if it was a 1 year tenancy with a 6 month break clause you would have to give notice to the tenant/landlord at month 4. Once you had past the 6 months you are then tied in to the rest of the year unless both agree to ending the tenancy early. Therefore the agent is correct that you/the landlord would have to give notice the day you moved in if the new rules are that everyone had to have 6 months’ notice.

You might be able to get the landlord to agree to give you an initial 6 months tenancy agreement if it made you feel more comfortable, but they might be hesitant as have to pay all the agency fees these days and it’s expensive getting new tenants in.

Yeah it make sense because it's impossible to actually utilise for landlords. If they want to be able to use the break clause they have to give you notice when you move in, otherwise they cant use it. So why would they offer it?

You can have a one way only break clause i.e. only tenants can give it
Also the coronavirus legislation doesn't affect tenant's notices which ordinarily would still be one month/28days/one rental period unless tenancy agreement says otherwise (for periodic tenancies or break clause in fixed term tenancies)

Thanks, folks. Between you all, you really have cleared the lot of it! Dream team.