Short hold tenancy

[Billi]

I have signed a short hold tenancy agreement that has a clause written in saying we cannot give notice before a year is up. It is up in June but we really want to leave before that. Someone has suggested to me that a short hold tenancy always has to have a break clause after 6 months and the fact that it has written in it that we cannot give notice before a year is not enforceable because of the nature of short hold tenancy agreements. Is this true?

[bushbaby_de]

Whilst many assured shortholds have a break clause, they do not have to contain one. However if the contract is for a year you should be able to give your notice prior to the year expiring. Your contract will state what your notice is, which is usally one or two months on as AST, so you could give your notice in month 10 or 11 of the contract to leave when the year is up. On the other hand a lot of landlords use standard ASTs because they are cheap but may be happy for you to hand in your notice early anyway if it is an easy to let property. if your landlord agrees to this make sure you get it in writing that they have terminated the contract.

[Twenty20]

I assume your agreement is for 12 months ending in June? If so, and if there is no break clause, then that is the length of time you have signed up for. There's no legal requirement to have a break clause.

If you really do want to get out then tell the LL your circumstances and see if you can come to an arrangement. If you give enough notice then he/she should be able to find a replacement tenant. You'll still be liable for rent and other costs until a suitable new tenant is found though.

Technically, at the end of a fixed length tenancy you don't have to give notice at all, you can simply walk away, though it would be polite to give notice. You have to give notice if you're on a periodic tenancy.

Talk to your LL about your plans and see what they say.

[Thunderchild]

yea talk to the land lord we moved out before a contract was up and the landlord actually wanted it back as soon as possible and was quite happy