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Question Title: Break clauses
| Question: 172 |
| I usually let my properties for a fixed term of one year. Is there anything I can do to bring these to an end before this time?
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| It is wise to include in your tenancy agreements a provision that allows the tenancy to be terminated before the expiry of the fixed term. These are usually called break clauses. For assured and assured shorthold tenancies, the landlord may not use the break clause to override the statutory provisions and so the landlord must provide at least two months notice otherwise the courts would declare the break clause void. The common law requirements for the tenant only require four weeks notice. In order to ensure a more equitable situation the break clause should require two months written notice from both parties.
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References:
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Pages:
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Hyperlinks:
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Letting Update Journal |
Jan 1998 page 21 |
letting-update-journal.html
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Letting Handbook |
Chapter 12 |
letting-handbook-and-factsheets.html
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For more information, discuss on the Forum
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