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Tag Archives: unfair contract terms

Is this break clause in our tenancy agreement an unfair term?

Worried manHere is a question to the Blog Clinic from Ashley who is a tenant (question answered by David Smith)

We have break clause in our AST contract, which states the following:

“The landlord and tenant have agreed that two months written notice can be given from month 6 onwards for the tenants to vacate the property, this notice must be given by the rent due date (17th of the month). The property will be re-marketed within this time. The tenants are aware that they will be held liable for any void period at the property after the two months has ceased, up until the last day of the tenancy.”

We have served our 2 months notice and moved out of the property on 17th July.

During the notice period our landlord put the property up for sale and there was no evidence of it being marketed for rent.

The landlord is now saying that she has found a tenant to move in we are liable for rent payment to over the void period 3 weeks) and is refusing to return a proportion of our deposit (protected by the DPS).

Could this break clause be deemed “unfair” as it could potentially be exploited by the landlord as they could continue to say that “they have not found suitable tenants” leaving the tenant liable for rent until the end of the contract.

This is not a break clause really but actually a poorly worded expression of what a lot of people think the law actually is.

That is the obligation on the landlord to mitigate the loss of the tenant wanting to leave during the fixed term.

I don’t think it would be unfair really as it does not create and unbalanced position. In fact, it gives the tenant more rights as against the usual position which is that the landlord is under no obligation whatsoever to relet the property.

Is my letting agent entitled to this money for nothing?

Outraged landlord

A letting agent claims £2,000 from a landlord under a contract clause for commission on renewal of the tenancy – can they do this?Continue Reading

Ending a periodic tenancy dispute and tenancy agreement clause

tenancy agreement

Can this clause in the tenancy agreement require a tenant to pay two months notice when the tenancy is a monthly periodic?Continue Reading

How to interpret this confusing break clause?

Tenancy clause

Break clauses can be difficult to interpret and this is an example of a particularly confusing one. What should John do?Continue Reading

Who enforces the Unfair Terms in Consumer Contracts Regulations?

HOuses

The Unfair Contract Terms in Consumer Contract Regulations are enforced by the Office of Fair Trading. Read more about it hereContinue Reading

Agents renewal commission is unfair says Judge

Agents need to be careful with commission renewal clauses

After the Foxtons case, many landlords wondered how the courts would treat renewal commission clauses in landlords contracts with their letting agents. A recent case reported in the Legal Action Magazine is interesting. The case is Chesterton Global Ltd v. Finney, Lambeth County Court, 30 April 2010 (it has been previously reported on the PainContinue Reading

OFT v Foxtons case summary of posts

Foxtons

This summary of my posts on the Office of Fair Trading v. Foxtons case was written last year but I have done a few posts since then.  So it is being updated so it includes my later posts on the Foxtons litigation, which is now concluded. OFT Victory in Foxtons unfair contract terms case. ThisContinue Reading



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Tessa is an English lawyer specialising in residential landlord and tenant law.


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