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Rental agreement

16 replies

mimmum · 11/11/2013 15:48

This is just a quick question, I'm going overseas on assignment for 2 or possibly more years. I needn't rent out my house, I have someone through a lettings agent who is willing to do a 2 year rental agreement, but they want a month break clause. I'm not keen as I need the security of a longer term let, but my agent says a 6 month clause is pretty standard, is this true? Sorry to say I don't trust the agent particularly or any other for that matter. What happens if they decide to leave at 6 months?

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mimmum · 11/11/2013 15:52

Sorry should read I need to rent my house

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lalalonglegs · 11/11/2013 16:10

Check with your mortgage provider if you're allowed to do two-year contracts, most stipulate a maximum of 12 months. Do you mean a six month break clause? They are common but not obligatory - if you are able to get a two-year tenancy, I'd suggest a break clause at 12 months after which they have to go right through to the end of the tenancy (ie. they can't break at 15 months or 17 months or 21 months).

mimmum · 11/11/2013 17:17

Thanks for the advice. Yes I did mean a 6 month break clause. I didn't think to check re length of lease with my mortgage provider.

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Sunnyshores · 11/11/2013 20:13

remember to let your insurance company know too and I'd join the National Landlords Association for their free legal helpline if nothing else.If you're going to be out of the country, you really do need to trust the rental agent.

SarahPercyAndBill · 11/11/2013 20:19

6 month with 2 month notice is standard

Trills · 11/11/2013 20:21

The standard where I am is to initially have 6 months, with the landlord having to give two full months notice (so two full rental periods) and the tenant having to give one full month's notice.

bookishandblondish · 11/11/2013 20:25

6 months is pretty standard - bear in mind you may also want notice to be given to the tenant.

specialsubject · 11/11/2013 20:26

if they want to leave at 6 months (and you can never make them stay, lease or no lease) you'll need another tenant.

your own house insurance will be invalid if you don't live there. You need special insurance to include malicious damage and public liability. You also need a gas safety certificate and to protect the deposit.

not trusting agents is reasonable, it is an unregulated industry. But as you will be abroad you will need to get one.

holidaysarenice · 11/11/2013 20:32

My contract as both tenant and ll is one year, no break clause.

DorrisM · 11/11/2013 21:10

6 months break clause on a 12 month let and 12 month break clause on a two year let are standard.

mimmum · 12/11/2013 08:50

Thanks for all your advice, I don't feel comfortable with the 6 month break clause, so I don't think I'll agree to this. Yes if course I'll have an agent and yes I will change my house insurance.

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mimmum · 12/11/2013 08:52

The agent advised me already re gas safety certificate and it is already done,

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Sunnyshores · 12/11/2013 14:54

you can have whatever contract/break clause you like, but unfortunately if a tenant wants to leave there's not much you can do about it. Getting into a dispute with a tenant really isnt a good idea.

Flibbertyjibbet · 12/11/2013 15:23

You also need to inform your mortgage provider if the house is mortgaged. They may require you to pay them an annual fee is the house is not going to be lived in by the person paying the mortage.

My old house was with Alliance and Leicester, now Santander and when we looked into it they wanted several hundred pounds from me per annum for some certificate to have a tenant. Think its because they make more money from buy to let mortgages so they want the cash from regular mortgages too!

Aquariusgirl86 · 12/11/2013 15:29

Yep this is standard, I've rented 5 places and always started with a 6 month and then just gone on to a rolling contract. The last place we only lived in for 8 months, as a tennant I wouldn't have wanted longer than 6 months but someone might

mimmum · 12/11/2013 21:50

Yes have permission to let from mortgage provider, for all those who are concerned... Really just wanted opinions on break clause...

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