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Has my agent messed up?

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Author Topic: Has my agent messed up?  (Read 259 times)
Newbie
Posts: 3

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« on: April 12, 2021, 09:35:00 PM »

To give you some scope we moved into a property in January and so just over 3 months into a 24 month Short hold Tenancy we were told by the agent that there was no break clause and if we wanted to leave before the 24 months the landlord would have to agree and we would be liable for a number of costs depending how long was left on the tenancy to the tune of anout £1500 if we left today.

There have been a few issues and we are looking to leave but I have checked the tenancy agreement and there is a break clause and they have forgotten to edit it and add terms so it effectively says we can leave anytime with 2 months notice and wouldn't face any costs as there terms say that if we used a break clause early exit fees are not chargeable.

Am I reading this right and have they given me an out without any costs?

 I have attached the Break Clause and the Terms attached to the early exit fees!
« Last Edit: April 12, 2021, 09:36:31 PM by maxor80 »
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Posts: 4005

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« Reply #1 on: April 13, 2021, 09:26:14 AM »

We do not see attachments... you can copy-and-paste the exact text and someone will be along to advise...
Newbie
Posts: 3

I like property

« Reply #2 on: April 13, 2021, 11:43:46 PM »

Break Clause

1 TENANTíS BREAK CLAUSE
1.1 The Tenant may end the Term by giving to the Landlord or the Landlordís Agent not less than two
calendar monthsí prior notice in writing to that effect, such notice not to expire earlier than . Upon
expiry of such notice the Tenant shall give the Landlord vacant possession of the Property and the
Term shall end.

Terms from Early Release fees

EARLY RELEASE
If the Landlord consents to a request from the Tenant to
be released from the tenancy before the expiry of the
term agreed in the tenancy agreement the Tenant will be
liable to cover the equivalent of the letting fee payable by
the Landlord to us from the date the tenancy is brought
to an end early until the earliest date the Tenant could
contractually end the tenancy. This does not apply if the
tenancy is terminated pursuant to a break clause included
in the tenancy agreement. In addition the tenant will be
liable for the Landlordís cost of the preparation of a new
tenancy agreement, registering a new tenancy with the
TDS and inventory check out and check in at the start of
the new tenancy. Please note: the Landlord is under no
obligation to agree to an early release.
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« Reply #3 on: April 14, 2021, 09:34:17 AM »

Is there something between "earlier than . Upon expiry"? Or do you now start to suspect that the redaction of any date there makes them think the clause is no longer really there?
Newbie
Posts: 3

I like property

« Reply #4 on: April 14, 2021, 12:56:46 PM »

There is nothing there normally it would say 6 months, 12 months .... I guess I think by taking it out they assume there is no break clause where effectively I feel what they have done is allow me to leave whenever I want? surely they should have just removed it completely?
« Last Edit: April 14, 2021, 12:58:42 PM by maxor80 »
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« Reply #5 on: April 14, 2021, 02:32:15 PM »

So normally it would have something there.

We agree on that, at least. So a change of some substance has been made to your particular contract... likely with the intention of making the clause null and void. You, on the other hand (and reasonably so), believe it has now become ambiguous. Possibly. I believe there's a general rule-of-thumb that ambiguity in a contract usually goes against the party that created the contract... but to get to that point you'd really need a third party (that being the Court) to rule. And my expectation is you'd prefer to present this as a done deal to the Agent...

Tough one. The least you can do is try it out on them, I suppose...

Why would they not just remove it? I don't know. Laziness. Inability to use Word effectively. Could be anything. They're Agents.
« Last Edit: April 14, 2021, 02:34:06 PM by Hippogriff »
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