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Old 17th July 2007, 21:25   #1 (permalink)
trixter444
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Default AST get out??

My boyfriend is currently renting a property on a AST. Contract was dated 28th Feb 06 and states:

landlord Mr X

Tenant Mr Y

dwelling at XXXXXXXXXX

together with fixture, fittings and effects in the peoperty listed in the inventory signed by the parties for a period of 24 months.

1. Is he bound by this contract? (sorry if im being thick )
2. It was an unfurnished property
3. There was no inventory

The reason I ask is he has got the chance to buy a house but would not be able to pay the mortgage and the rent. (it states cannot sub let the rented property)

Thanks
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Old 17th July 2007, 23:57   #2 (permalink)
Joa
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Default Re: AST get out??

Did he intend to rent a property for 24 months?
He needs to check his contract for the early break clause - a paragraph which states that early termination may be possible; it should also say how much notice your b/friend has to give and whether there are any special procedures he has to follow.
It is possible to get out of the agreement at any time (even if there is no early break clause) if you can come to a mutual agreement with your landlord. This is called 'surrender'. To be valid, both sides must agree, and it's always best to put what's been agreed in writing so everyone knows where they stand.
If he leaves early he can still be liable for the rent to the end of the period or until new tenant replaces him.
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Old 18th July 2007, 19:30   #3 (permalink)
trixter444
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Default Re: AST get out??

Thanks Joa

Before he moved in the landlord stated he only odes two year contracts nothing less so yes he was intending to rent for 24months.

I cant see anywhere about an early break clause. The only thing mentioned is (11) but im not privy to the Party Wall Act whatever that is.

Contract states as follows:

1. The landlord lets the property to the tenant for the Term at the Rent payable as £xxx

2. This agreement creates an assured shorthold tenancy with Part I Chapter II of the Housing Act 1988. This means that when the Term expires the Landlord can recover possession as set out in section 21 of that Act unless the Landlord gives the Tenant a notice under paragraph 2 of Schedule 2A to that Act.

3. If the property burns down or the Tennant cannot live in it because of fire damage, the rent will cease to be payable until the property is rebuilt or repaired so that the Tenant can live there again. Any dispute about whether this clause applies must be submitted to arbitration under Part I of the Arbitration Act 1996.

4. The Tenant agrees with the landlord -
(1) to pay the rent as set out above
(2) (a) to pay any council tax which the Tenant is obliged to pay under the local Government Finance Act 1992 or any regulations under that Act.
(b) To indemnify the landlord inrespect of any council tax which (during the tenancy) the landlord becomes obliged to pay under that Act or those regulations because the Tenant ceases to live at the property.

(3) To pay for all gas, electricity, water and sewerage services supplied to the property during the tenancy and to pay all charges for the use of any telephone at the property during the tenancy. Where necessary, teh sums demanded by the service provider will be apportioned according to the duration of the tenancy. The sums covered by this clause include standing charges or other similar charges and VAT as well as charges for actual consumption.

(4)To keep the drains, gutters and pipes of the property clear, the chimneys swept and the garden neat.

(5) To keep the interior of the Property, the internal decorations and the fixtures, furniture and effects in good repair and condition (except for damage caused by accidential fire and except for anything which the landlord is liable to repair under this Agreement or by law) and to replace if necessary any items of the fixtures, furniture and effects which have been damaged or destroyed.

(6) To allow the landlord or anyone with the landlords written authority to enter the property at reasonable times of the day to inspect its condition and state of repair, if the landlord has given 24hours written notice beforehand.

(7) To use the property as a private dwelling house only. This means the Tenant must not carry on any profession, trade or business at the Property and must not allow anyone else to do so.

( Not to alter or add to the property or do or allow anyone else to do anything on the property which might increase the fire insurance premium.

(9) Not to do or allow anyone else to do anything on the property which may be a nuisance to, or cause damage or annoyance to, the landlord or the tenants or occupiers of any adjoining premises

(10) Not to assign or sublet the property and not to part with possession of the property in any other way

(11) To give the landlord a copy of any notice given under the Party Wall etc. Act 1996 within seven days of receiving it and not to to anything as a result of the notice unless required to do so by the landlord.

(12) At the end of the term or earlier if the tenancy comes to an end more quickly to deliver the property up to the landlord in the condition it should be in if the Tenant has performed the Tenants obligation under this agreement.

(13) Not to remove any of the fixtures, furniture and effects from the property and to leave the furniture and effects at the end of the tenancy where they were at the beginning

(14) During the last twenty eight days of the tenancy to allow the landlord or the landlords agents to enter and view the property with prospective tenants at reasonable times of the day.

5. If the tenant -
(1) is at least 14 days late in paying the rent or any part of it, whether or not the rent has been formally demanded, or

(2) has broken any of the terms of this agreement

then, subject to any statutory provisions, the landlord may recover possession of the property and the tenancy will come to an end. Any other rights or remedies the landlord may have will remain in force.

6. The landlord agrees with the tenant -
(1) that the tenant has the right to possess an enjoy the property during the tenancy without any interruption from the landlord or any person claiming through or in trust for the landlord. But:
(a) this clause does not limit any of the rights under this agreement which the tenant has agreed to allow the landlord to exercise;
(b) this clause does not prevent the landlord from taking lawful steps to enforce his rights against the tenant if the tenant breaks any of the terms of this agreement.

(2) to pay and indemnify the tenant against all charges in respect of the property except those which by the terms of this agreement the tenant has expressly agreed to pay.

7. If section 11 of the Landlord and Tenant Act 1985 applies to the tenancy, the tenants obligations are subject to the effect of that section.

8. Where the context admits -
(1) the landlord includes the successors to the original landlord
(2) the tenant includes the successors to the original tenant
(3) the property includes any part of the property or the fixtures, furniture and effects.




And thats it, bit long winded but iv typed word for word. It doesnt state any notice period to be given to the landlord that i can see
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Old 18th July 2007, 19:37   #4 (permalink)
trixter444
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Default Re: AST get out??

Thanks Joa

Before he moved in the landlord stated he only odes two year contracts nothing less so yes he was intending to rent for 24months.

I cant see anywhere about an early break clause. The only thing mentioned is (11) but im not privy to the Party Wall Act whatever that is.

Contract states as follows:

1. The landlord lets the property to the tenant for the Term at the Rent payable as £xxx

2. This agreement creates an assured shorthold tenancy with Part I Chapter II of the Housing Act 1988. This means that when the Term expires the Landlord can recover possession as set out in section 21 of that Act unless the Landlord gives the Tenant a notice under paragraph 2 of Schedule 2A to that Act.

3. If the property burns down or the Tennant cannot live in it because of fire damage, the rent will cease to be payable until the property is rebuilt or repaired so that the Tenant can live there again. Any dispute about whether this clause applies must be submitted to arbitration under Part I of the Arbitration Act 1996.

4. The Tenant agrees with the landlord -
(1) to pay the rent as set out above
(2) (a) to pay any council tax which the Tenant is obliged to pay under the local Government Finance Act 1992 or any regulations under that Act.
(b) To indemnify the landlord inrespect of any council tax which (during the tenancy) the landlord becomes obliged to pay under that Act or those regulations because the Tenant ceases to live at the property.

(3) To pay for all gas, electricity, water and sewerage services supplied to the property during the tenancy and to pay all charges for the use of any telephone at the property during the tenancy. Where necessary, teh sums demanded by the service provider will be apportioned according to the duration of the tenancy. The sums covered by this clause include standing charges or other similar charges and VAT as well as charges for actual consumption.

(4)To keep the drains, gutters and pipes of the property clear, the chimneys swept and the garden neat.

(5) To keep the interior of the Property, the internal decorations and the fixtures, furniture and effects in good repair and condition (except for damage caused by accidential fire and except for anything which the landlord is liable to repair under this Agreement or by law) and to replace if necessary any items of the fixtures, furniture and effects which have been damaged or destroyed.

(6) To allow the landlord or anyone with the landlords written authority to enter the property at reasonable times of the day to inspect its condition and state of repair, if the landlord has given 24hours written notice beforehand.

(7) To use the property as a private dwelling house only. This means the Tenant must not carry on any profession, trade or business at the Property and must not allow anyone else to do so.

( Not to alter or add to the property or do or allow anyone else to do anything on the property which might increase the fire insurance premium.

(9) Not to do or allow anyone else to do anything on the property which may be a nuisance to, or cause damage or annoyance to, the landlord or the tenants or occupiers of any adjoining premises

(10) Not to assign or sublet the property and not to part with possession of the property in any other way

(11) To give the landlord a copy of any notice given under the Party Wall etc. Act 1996 within seven days of receiving it and not to to anything as a result of the notice unless required to do so by the landlord.

(12) At the end of the term or earlier if the tenancy comes to an end more quickly to deliver the property up to the landlord in the condition it should be in if the Tenant has performed the Tenants obligation under this agreement.

(13) Not to remove any of the fixtures, furniture and effects from the property and to leave the furniture and effects at the end of the tenancy where they were at the beginning

(14) During the last twenty eight days of the tenancy to allow the landlord or the landlords agents to enter and view the property with prospective tenants at reasonable times of the day.

5. If the tenant -
(1) is at least 14 days late in paying the rent or any part of it, whether or not the rent has been formally demanded, or

(2) has broken any of the terms of this agreement

then, subject to any statutory provisions, the landlord may recover possession of the property and the tenancy will come to an end. Any other rights or remedies the landlord may have will remain in force.

6. The landlord agrees with the tenant -
(1) that the tenant has the right to possess an enjoy the property during the tenancy without any interruption from the landlord or any person claiming through or in trust for the landlord. But:
(a) this clause does not limit any of the rights under this agreement which the tenant has agreed to allow the landlord to exercise;
(b) this clause does not prevent the landlord from taking lawful steps to enforce his rights against the tenant if the tenant breaks any of the terms of this agreement.

(2) to pay and indemnify the tenant against all charges in respect of the property except those which by the terms of this agreement the tenant has expressly agreed to pay.

7. If section 11 of the Landlord and Tenant Act 1985 applies to the tenancy, the tenants obligations are subject to the effect of that section.

8. Where the context admits -
(1) the landlord includes the successors to the original landlord
(2) the tenant includes the successors to the original tenant
(3) the property includes any part of the property or the fixtures, furniture and effects.




And thats it, bit long winded but iv typed word for word. It doesnt state any notice period to be given to the landlord that i can see
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Old 18th July 2007, 20:49   #5 (permalink)
Joa
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Default Re: AST get out??

OK,not ideal. The only option you have left is to negotiate with the landlord- see if he'd allow your tenancy to end if you were to help with finding a replacement and pay for the associated costs, like financial/employment check, drawing a new contract etc. I am not sure how much we are talking about; I am sure someone will come along who knows- an estate agent or a tenant who recently had costs like these.
Explain that it could be in his benefit as there is nothing worse for a landlord then a tenant who has difficulties in paying or a void property with no income until some faraway court order.
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Old 18th July 2007, 21:02   #6 (permalink)
trixter444
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Default Re: AST get out??

Thanks again Joa

Thats what we thought. We will give it a go and speak to him. thanks again for your help.

Trix
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Old 19th July 2007, 16:00   #7 (permalink)
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Default Re: AST get out??

1. The landlord lets the property to the tenant for the Term at the Rent payable as £xxx

Presumably "the Term" is defined somewhere as being 24 months from a specified date?
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Old 19th July 2007, 21:56   #8 (permalink)
trixter444
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Default Re: AST get out??

Yep from the 28/02/06 for 24 months it states. (24 months is handwritten in).
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Old 19th July 2007, 23:35   #9 (permalink)
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Default Re: AST get out??

I cannot see any way out other than negotiation.
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Old 20th July 2007, 23:06   #10 (permalink)
trixter444
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Default Re: AST get out??

Thats what i thought. never mind, it was worth somebody having a look just in case

thanks guys
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Old 21st July 2007, 12:05   #11 (permalink)
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Default Re: AST get out??

You can end a tenancy at any time, however you remain liable for the fixed term rent. UNTIL a replacement tenant is found.
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