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Assured Shorthold Tenancy 'Break Clause'

Started by A69, January 19, 2017, 02:42:48 PM

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A69

Towards the middle of 2016, my tenants changed. My letting agent changed the tenancy agreement when the new tenant moved in. Within all previous tenancy agreements, the 'Break Clause' section detailed how either the landlord or the tenant could end the tenancy early. However, without highlighting the change, and whilst still retaining the 'Break Clause' section within the tenancy agreement, the letting agent amended the wording to such an extent that now neither the landlord or the tenant can end the tenancy prior to the end of the fixed term, unless there has been a breach of some sort. I now wish to sell the property, but find that I am unable to do so as a vacant possession prior to the end of the fixed term.

The letting agent is suggesting that the tenancy agreement they use followed the wording of the government's model for such documents. However, the model document available on the Gov.uk website bears no resemblance to the one I signed. Furthermore, it appears to suggest that 'Break Clauses' are still permitted and that I can serve notice on my tenant if I wish to sell the property .

Is there any recourse that I can take a) to rectify the situation and b) to seek compensation from my letting agent?

Simon Pambin

How long is the term of the tenancy agreement and when does it end? Did you sign it or are your agents authorised to do so on your behalf? What does your contract with your agent say about what they can and can't do?