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Thomas
Thomas, Lawyer
Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi, My name isXXXXX My rather naive son has

Resolved Question:

Hi,

My name isXXXXX

My rather naive son has signed an AST, with others, in a house, which has no clause for notice to quit before the stated end of agreement. Is notice to quit implied in any AST or does it have to be explicit? i have an informed lay-person's knowledge of tenancy rights and the agreement looks very one-sided to me (landlord, obviously!)

Can I send you a copy of the agreement for you to look at?
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

There is no implied break/termination clause in favour or either the tenant or the landlord in ASTs. No statute implies such a clause and instead it is for the tenants/landlord to negotiate about whether or not to include one.

You son/others will remain bound by the length of the AST I’m afraid. The unfair terms in consumer contracts legislation makes some specific terms of the tenancy agreement unfair but not relating to length of term of whether a break clause is included or not unfortunately.

He would be able to terminate the tenancy if the property is unfit for human habitation. This would be a repudiatory breach of contract by the landlord which means that there is a breach so serious that it goes to the root of the contract to deny him the whole or substantial whole of the benefit of the contract.

Landlords are also not supposed to unreasonably refuse a replacement tenant produced to them by an existing tenant, so this would be a further way to get out of the tenancy.

Sorry it could not be better news.


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Kind regards,


Tom
Expert:  Thomas replied 1 year ago.

Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on your position. Please remember to rate my answer, if you are satisfied.

Kind regards,


Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6466
Experience: BA (Hons), PgDip, Practising Solicitor
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