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grey shark

Expert Advice Needed

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Would appreciate an expert on lettings and tenancies view on wording we have asked to be put into our new contract , we have asked for a 12 month FIX term from the landlord via the letting agent BUT in this 12 month fixed agreement we have the opportunity to break the agreement ONLY if we purchase a property and for no other reason .

From page 2 of the agreement ...........................

The Rent is the calendar monthly rent of £*** in advance commencing from the 6th August 2009 and payable on the 6th day of each month in accordance with the Letting Provisions. The Term is a fixed term of 12 months from the 6th August 2009 for a term expiring the 5th August 2010. However it is agreed that after the first 6 months has been completed should the tenant find a property to purchase and provide a letter from their solicitors confirming their intention to buy and a completion date they can be released from this agreement but must give at least 1 months notice in writting in order that a new tenant may be found.

1) So are we totally protected and not liable for any rent due for the remainder of the FIXED term should we leave after 7, 8 , 9 months etc. providing it's to purchase a property ??

2) And that the agents can't tell us if we do leave that our clause is worth nothing despite them about to sign the agreement

We are 90% that all is OK , but when it's housing , agents , solicitors etc i'm always expecting a fast one to be pulled .

Edited by grey shark

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A 6-month break clause isn't unusual, the aspect of having to purchase to break the fixed term is a little out of the ordinary, but if that's what you want in there then I doubt it would be a problem.

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Just a breakclause with a bit of a 'twist';

1) If you exercise it accordingly, there can be no come back for additional rent.

2) Is this a question?

Good luck with the move.

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Thanx for the replies Financial Hack & Planner that as long as the clause is followed it's water tight .

Just to add why we insisted on this and not the usual 12 month fixed contract with a 6 month break clause was so we had security of the property for 12 months as the owners are amateurs .... 2 clueless sisters renting out their recently departed parents bungalow , one sister apparantly wanted to sell but the more local and dominant one wanted to rent it out and apparantly wait 3-4 years until the market picks up :rolleyes: ......

....and we did not want to be at the mercy and whim of 2 albeit harmless amateurs who over xmas time may change their mind and ask us to leave so they can sell it in the new year , where as we expect the housing market to soon resume it's downward path and hope to be putting forward low ball offers in on property in deep mid winter and hopefully move in the spring and then exercising our right to leave the fixed term .

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