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Question

England | Implied Terms in Tenancy Agreements (England) | Responsibilities and Liabilities (England)

Break clause: Showing (viewings) HMO house to sell

28 May 2021 | 2 comments

Dear Guildy,

I have a HMO house in London, I was looking to sell it but was advised by an agent to wait 6 months as Hammersmith Bridge is currently closed for structural problems. So I took a new tenant starting 31st May. I now have 4 tenants total(3 in periodic). I just got a second opinion on selling the house and received very encouraging feedback that it is most favourable that I could sell now. I explained them my situation with new tenant and 3 tenants in periodic, he said one thing I should look at first is , if their’s a break clause in the AST that stipulates any restrictions on viewing ( to sell)etc for new tenancies. I have used LandlordGuild.com (GRL) tenancy builder AST and wonder if there is such a break clause and if so, would you mind telling me where I can find it in the AST, please. Any feedback appreciated.

Answer

2 Comments

  1. 2840

    PS. I have read the tenancy agreement AST but still not entirely sure where this effects me in this matter, your help on this appreciated, please?

  2. guildy

    Not quite sure what they mean about a break clause because that’s only used for asking a tenant to leave during the fixed term.

    The Builder has the option to add a break clause so it depends whether you selected or not. It will be somewhere near the front around clause 8 or 9 (clauses vary depending on several choices so it’s impossible to say precisely).

    Ignoring break clause (which we don’t think they mean), there’s no restrictions on selling whatsoever. There is a term which allows you entry to view prospective purchasers.

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