I have a tenancy agreement for a flat which ends at the end of September. The flat is in a new development of 7 flats, still owned by the developers. 2 months ago they put all the flats up for sale for a period of 8 weeks. Only one of the flats sold, not including ours. They have offered us a new 12 month tenancy agreement. First they asked for £100 more a month. We said we’d be happy to pay £50 a month more to which they have agreed as long as they can have a 6 month break clause in the 12 month contract. I know break clauses are pretty common, but given they situation, I imagine they’ll want to try to sell again in the not so distant future. What does this mean for me in the flat? They can give 2 months’ notice any time from 4 months into the contract, in case they decide to try and market the property for sale again? Does it benefit them more than it benefits me?
Thanks
Well Waveney,
Firstly a break clause is normally there for new tenants as one doesn’t know how they will be, however you are existing so you are right in your way of thinking as that seems to add up to me, however i dont know what kind of AST or whom wrote it nor when so i cant say for sure, however lets imagine the AST is up to date and current legal standing (which it may not be) and further imagine that they seve you with all the necessary documentation again to accommodate the AST as they legally should such as the CP12 and EHIC & EPC etc then you should firstly read the AST as it will inform you what the break clause is actually for in any instance but lets also say they can do worse case situation then when they serve section 21 and/or section 8 then it must be in-line with the said break clause for them to enforce whilst in a Fixed Term which is what you would be in regardless to the clause then you can further procrastinate in vacating by many ways as the Notice to Vacate is just that it is not a enforcement notice it just all depends on how easy you make it for your landlord hence how long you can stay, however do not stop paying your rent or mess with the rent or you will loose any power you presently have if they want you out after 6 months for instance.
It feels like it would be abuse of process if a break clause was to be used and didn’t fall in line with the AST break clause terms so read that AST.
Also dont forget that if someone wants to buy your flat then that process takes many months to complete, especially if they are getting a mortgage etc