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  • Rent-to-Rent

    Lease wording

     CLAUSE 21 - On the expiry of 12 months written notice given by the Landlord to the Tenant to expire on any day, such notice not to be given prior to the expiry of 12 months from the commencement date.

    The Tenant Company who sublet are  refusing to give it back and say that I have to give back 12 months written notice after 12 months expiry. Their  tenant caused damage to the property.   They drew up the Lease. They can have the full deposit but how do I get the property back.?

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    I'm not a legal advisor or anything, this is just my 2 pence based on experience. It depend on the reason you want to withdraw, sometimes there are clauses which allow you to pull out immediately. I'd say go through your agreement and seek legal advise if needs be.

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    Grace & Co Property Services
    graceandcopropertyservices.com 
    info@graceandcopropertyservices.com
    T               +44 (0)161 937 5504
    M              +44 (0)7895862331

    We are fully compliant and registered with The Property Ombudsman. TPO Registration D14237

    Grace.thank you for your reply. 12 months have expired and they want me to give 12 months notice from now.  Never heard of this?  Is the wording ambigious?

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    If you serve notice they will struggle to let linger term so it causes them an issue. So enter into dialogue.

    There may be other reasons you can terminate without notice. Or at least cause issues such as do an inspection and start raising minor issues.

    The real question is how much you need the property back.

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    Chartered Accountant, Tax Advisor and Mortgage broker

    (and BTL portfolio owner)

    stuart@johnsonsca.com

    02039077022

    It is hard to say based on part of one clause if it is a fixed term tenancy you should not need to give notice to end the tenancy at the end of the fixed term. This sounds like a dodgy rent to rent to me and I suggest you take legal advice

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    David Smith
    Landlord & Tenant Solicitor
    Anthony Gold Solicitors

    Find me on LinkedIn: uk.linkedin.com/in/dsnsmith

    All opinions are my own and do not reflect those of my firm. No comment made should be taken as legal advice and you should consult a solicitor or other legal professional for advice on your specific situation.