We are a couple who have signed a 12 month tenancy agreement and are one month in.
On our contract we have a four month break clause which we are looking to implement.
Question is, the landlord lives overseas, what would be the responsibility in terms of ending our contract and getting our deposit back. Also as we would be breaking the contract am I correct that by month 6 we can move out, if the break clause is 4 months?
Also as the landlord lives overseas would we be liable to find new tenants?
I have just been reading the OR AST, may I suggest you read the clause again …as I read that clause as it comes into play at the end of the term…otherwise such would allow the LL to request the same…what would be the point in a 12 month AST?
Hi, we’d advise firstly speaking to your landlord about ending the tenancy early if that’s your intention.
You can read more about our break clause here:
The landlord living overseas doesn’t have any baring on whether you are liable to find new tenants, this is dependent on the agreement you come to with your landlord if you are planning to leave the contract early (if they agree with leaving the contract before the break clause or end of the fixed term at all).
Section 11 in your contract gives you the notice period relevant to your tenancy in particular, we’d advise reading that and speaking to your landlord directly.
Hi, I would strong suggest negotiating with your landlord if you are seeking to end your tenancy early. There are a number of ways you can leave a contract early, one of them being a break clause. Other options are subletting, assignment or negotiating with your landlord. This article should help should more light on the issue (albeit within a commercial context): https://www.elitelawsolicitors.co.uk/assignment-of-a-lease/