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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6429
Experience:  BA (Hons), PgDip, Practising Solicitor
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I had been told that there is a break clause at the end of

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I had been told that there is a break clause at the end of August (rented rthe flat in February) and can move out with two months notice. When made the notice, was aisd that there is no break clause in the contract (they cheat me)and have to pay until February. What if I stop pay the rent to male them surrender the contract
Submitted: 1 year ago via Tenancy Agreement Service.
Category: UK Property Law
Expert:  Thomas replied 1 year ago.
Hi,

Were you given an opportunity to read the tenancy agreement (which presumably did not have the break clause in it) before you signed it?

Did the agency say there was a break clause in it when you signed it?

Tom
Customer: replied 1 year ago.

The agency said there was a break clause in the contract (more that once when asked) and gave me the date (31st of August) after which I could move with two months notice. It is a greek agency and since I am Greek I trusted them and didi not read the contract in detail (stupidity of me!). Even some weeks ago when realised there was no break clause in the contact and asked them, they ensured me that we do have this agreement, although they had forgot to write it down ( other people were present as well).


When I sent them the notice that I would remove in two months time, they sent me an email, making clear that I have to pay until the contract expires since no break clause is written in it!!!


I am forty, consultant Neurologist, but still stupid and I hate the fact I have become a victim!!!


How can I lose less money of that cheat?

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

You’re not in a great position here. If you had an opportunity to read the tenancy agreement before you signed it then you have not been put under duress and would have been able to realise the tenancy did not have the break clause. Therefore, the starting point would be that you are bound by the full term of the tenancy agreement.

The difficulty is that although the agents may have misrepresented the tenancy to you you still had an opportunity to examine the contract for yourself, so I’m not sue that a mispresentation action would be successful because their defence would be that their repesentations were “subject to contract” and that they gave you an opportunity to check the tenancy agreement.

However, landlords are generally under a duty not to unreasonably refuse a suitable tenant and your focus now should be on finding one. If the landlord acted through agents then you should explain your situation to them and press them (and continue to press them) to find you a replacement tenant. If the landlord acted on his own then you should speak to him to check that he would be amenable to your finding a replacement tenant. You can then use www.gumtree.co.uk to find a tenant (private landlords frequently use this service.

I personally would focus on finding an acceptable replacement tenant that you can produce to them. I would document this in writing. If they refuse then I think you would be able to stop paying the rent without fear of being sued.

It’s shameful that they have acted this way, lettings agents aren’t regulated in the same way that other industries (like yours and mine) are and so you get a lot of sharp practice like this.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards

Tom
Customer: replied 1 year ago.

I have just found the holding deposit receipt. I paid the amount requiring 1 y contract with 6 months break clause. Do you think this is of any use?


 

Expert:  Thomas replied 1 year ago.
I don't really think it alters your position unfortunately.

Please rate my answer.

Kind regards.

Tom
Customer: replied 1 year ago.

And one last question before rating your answer. If I stop paying the rent from the very next month, what will be the consequences according to UK law?

Expert:  Thomas replied 1 year ago.
If you don't pay the rent then nothing will happen unless they sue you.

If they sue you then they will claim the whole of the rent, but if it went against you they woudl get judgement on the amount of rent that they would have earned between the time you stopped paying and the date at whcih the court decides they should have been able to re-let it.

Please rate my answer.

Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6429
Experience: BA (Hons), PgDip, Practising Solicitor
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