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In the event that the tenant wants to surrender the tenancy without the landlords agreement, the tenant will be contractually obliged to pay rent for the entire length of the fixed term. Please allow me to clear up some points: Term: 24 months, with a 12 month break clause, 2 months' notice Break Clause: You are correct that was a typo on my part and should be "if requires", the rest is verbatim from the contract.
Similarly, if the landlord wants the tenant to vacate early while the tenant has no interest, the landlord cannot reposes the property early without grounds for eviction. This is the only mention of a break clause in the whole contract and the exact terms that the letting agent has tried to use against us a total of 3 times now.
The Judge will then look at the break clause to see if it is valid.
If the Judge is not happy with the clause the landlord will not get possession. The break clause is one of those clauses that can be drafted and interpreted in many ways (apparently).
Break clauses really are about flexibility for both tenant and landlord.So, break clauses typically stipulate that they can only be enforced 6 months into the fixed term of a tenancy, no earlier!Here is an example of a break clause (please do NOT use it without seeking legal advice): 7.9 Tenancy Break Clause 7.9.1 In the event that the Tenant shall desire to terminate the tenancy hereby created at or at any time after the end of the first six months thereof he shall give the Landlord not less than one months previous notice in writing of such desire and shall up to the time of such determination pay the rent and observe and perform the agreements and obligations on the tenants part.7.9.2 If the Landlord shall desire to terminate the tenancy hereby created at or at any time after the end of the first six months thereof he shall give the Tenant not less than two months previous notice in writing of such desire then immediately upon the expiration of such notice the tenancy hereby created shall cease and be void.New information: We have not fully agreed the check out date, we have asked for the 8th July repeatedly and they are insisting on 2nd July, they have also advertised the property as available from 5th July.Am I within my rights to say no to them letting it out while we are still paying rent, i.e. Also, would it be reasonable to suggest we come to a mutual agreement to early surrender of the property which they could then rent out as soon as they wanted?