Possible to break a 2 year lease early?

Carbon125

I am 1.5 years into a 2 year lease and due to circumstances would like to end the lease early. Under "Break Clause Option", the tenancy agreement does not say anything, so I suppose the option does not exist.

I hope I can negotiate a solution with the landlord, i.e. I would be willing to let him keep the deposit in exchange for early release. Hovever, in strictly legal terms I am probably bound to stay and/or pay the full two years - or not?

vicwatson

Yes you are. You've signed a legally binding lease/agreement. The landlord can pursue you for the remains of the lease

MarkAnthony

I'm not sure the above is entirely true, can the tenant not assign the lease?

Personally if you'd been a good tenant and gave me a months notice I'd be happy to let you out of the lease and return your deposit as longs as you co-operated with viewing etc.

dessierb

One months written notice, keep copy and away you go. Usual stuff like bills, condition of place etc apply. A lease is not binding to a time scale provided the landlord or tenant comply with law, ie. Written notice.

Shimmy Jimmy CocoPop

MarkAnthony wrote: »

I'm not sure the above is entirely true, can the tenant not assign the lease?

Personally if you'd been a good tenant and gave me a months notice I'd be happy to let you out of the lease and return your deposit as longs as you co-operated with viewing etc.

Id agree with this. If he doesn't accept a months notice, you have the right to assign(sublet) the lease to cover the remainder of the contract. If it gets to that point the landlord will always accept the months notice as you could end up getting any joker in on the sublet.

Graham

dessierb wrote: »

One months written notice, keep copy and away you go. Usual stuff like bills, condition of place etc apply. A lease is not binding to a time scale provided the landlord or tenant comply with law, ie. Written notice.

I think you're a little confused as to the purpose of a lease.

Victor

Look into assigning the lease and/or ask the landlord would it suit them to get someone new in, on what is likely to be a higher rent.

dessierb wrote: »

One months written notice, keep copy and away you go.

Wrong - at a minimum, the terms of the lease and the Residential Tenancies Act apply.

Mrs OBumble

OP, I've never heard of a 2 year lease for a residential property before. Is this residential or commercial???

vicwatson

^^^

Sure can't you have a lease for as long as you like providing both parties are in agreement.

Carbon125

Mrs OBumble wrote: »

OP, I've never heard of a 2 year lease for a residential property before. Is this residential or commercial???

It's residential.

Mrs OBumble

Carbon125 wrote: »

It's residential.

Ok - in that case, Victor's advice above is spot on.