The standard OR contract includes a break clause at 4 months. My AST is for 12 months can I remove the break clause and would it be advisable to do so?
Patnut
Just to be clear, the break clause allows either party to terminate the tenancy at the earliest 6 months giving 2 months notice.
Yes, you can as part of the process to issue the contract.
Likely is your fixed term of 12 m will be invalid anyway under RRB
Yeah I was just wondering what people are doing with 12 month ASTs as RRB isn’t in force yet.
So are you saying if I remove the break clause it make no real difference?
Thanks
Why dont you just do a 6 month initial term, then you dont even need the break clause
Hi @Patnut,
We’ve got a dedicated help centre article on how to make changes to the contract and some guidance around doing so.
Because I want a 12 term without a break clause. Just wondering if there are any disadvantages by doing that.
Why do you want that specifically?
You wont have a 12 month term though. In about 6 months time, the RRB will be implemented and all trnancies will become prriodic.
So basically having a 12 month ast is the same as having a 6 months ast or including a break clause after 4 months assuming RRB comes in force this year?
No, as there is not likely to be a minimum 6m term under RRB, so tenant can give 2m notice to leave on move-in day!
Ah ok, doesn’t seem fair after going through the effort of finding the tenants etc.Thank you.
see it from T’s point of view: doesn’t seem fair to commit them to a min of 6 months after finding that they’re living somewhere that [fill in legitimate reason to need to move here]
Fair enough if they have a legitimate reason but if a landlord has a legitimate reason like unpaid rent they will not have the same rights.