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Advice on fixed term contract

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532 views 1 replies latest reply: 14 April 2016

Hi, would anyone be able to help and give some advice.  Me and my family are in a rented property we had an extension on our previous tenancy agreement and are currently a year into a 3 year agreement.  We have only just found out that there is no “get out clause”.  We thought we would be able to give the landlord notice as we thought the agreement was periodic but it turns out it isn’t. We desperately want to own our own home and are now lucky enough to be in a position to do it. The landlord isn’t very understanding and isn’t agreeable to  surrendering the agreement. The last 2 gas safety checks have been missed by him is he in breach of the agreement?  and is there any way we could get out of the agreement? 

Any advice would be very welcome thank you. 

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Hi Simon

You have an obligation to read any contract before you sign it. When signing any agreement of any kind, even a renewal, you ashould never assume anything is there. If you dont understand any parts of it you should ask the issuing party or seek independent legal advice. Longer contracts with no Break Clause are not uncommon as the Landlord is also unable to incraese the rent suring this time.

Many Landlords have issues about releasing Tenants early due to fees they have paid the applicable agent which are usually a percentage of the contract value- the longer the contract the higher the fee!

The breach of Gas Safety reg’s is very, very serious and this should be addressed as a matter of urgency to ensure you and your family are safe. Whilst he could be fined for this, and it would prevent HIM from serving notice in you, I am not sure this would enable you to break a contract early. Although, he may let you go to avoid any applicable fines??

With most Landlords, as long as you can find a replacement tenant, paying the same or more rent and are willing to cover any applicable costs (such as a tenancy agreement, etc) then there is no reason a Landlord should say no.

However, you eneterd a 3 year contract and now want to break that, so I would try and find some common ground with the Landlord and reassure any fears he may have about voud periods or costs for placing new tenants.

Short of that seek independent legal advice.

Hope that helps.

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