Query Re: Breaking a Tenancy Agreement

[Robeena]

Please can someone tell me what I need to do to break a tenancy agreement with Foxtons. We signed up for 2 years and we have completed almost 1 year.
What would be a reasonable amount of notice? How do I notify them? What should I expect to do?

You need to find your contract. It will tell you in there how much notice you have to give, if you are able to terminate your tenancy early.

Unless you have a break clause in your tenancy agreement, you will be liable to rent until the end of your tenancy (i.e. 2 years). You will then give one months notice at 23 months to go at the end of your tenancy.

If there's no break clause in your agreement, then you may be able to negotiate early termination with your Landlord - but they are not legally obliged to let you go early (but most reasonable ones will at least agree to market the property and let you go as soon as they find a new tenant)

Hi, I looked in the contract - but there's nothing there under 'ENDING THIS AGREEMENT'for actual notice period. All it says is : If the tenant vacates the property during the term, the tenant will remain liable to pay rent and any other monies payable under this agreement until the term expires or the property is relet whichever is earlier, whether or not the tenant chooses to continue occupying the property. If the property is relet during the term the tenant will reimburse the landlord for any letting fees or other reasonable costs incurred from that point until the end of the term.

That sounds like you are liable until the end of the term of the tenancy.

Give the agents a call to ask if they can clarify.

Ah - looks pretty conclusive (and standard). You can either speak to the Landlord and tell them you want to go as soon as possible so they can try and find a new tenant (but you will be liable for the letting fees) or wait it out for the 2 years.

You could also try to negotiate an upfront lump-sum payment with the landlord in order to be released from the tenancy (thereby also relieving you of council tax and any standing charges). They may be willing to do this depending on how easily the property will be to relet, but this still wouldn't be a cheap option I suspect.

Foxtons are complete b£$%^&ds so I doubt they will be amenable to letting you off easily, particularly given the current state of the property market. You could try finding a new tenant yourselves so that you can at least negotiate with Foxtons from a position of strength but I think the easiest and cheapest thing is to stay from another year. Is that a possibility at all?