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 Lawyer's Corner v2, One-stop centre for any legal queries

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BDA
post Oct 24 2012, 12:37 PM

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Hi. In a tenancy agreement, one of the clauses states that:

"There shall be no break prior to the expiry of the tenancy."

What does this mean? Does it mean that for example, if the tenancy agreement is for 2 years, the tenant cannot then decide to rent only for 1 year and leave the house?

Or have I completely misunderstood the clause?
BDA
post Oct 24 2012, 01:37 PM

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QUOTE(dariofoo @ Oct 24 2012, 01:30 PM)
Haven't seen such clause before. The word 'break' can be interpreted the following ways:

1. Break in the sense of taking a break - eg you want to balik kampung for 2 months and you give notice to the landlord that you want to 'take a break' from the tenancy for 2 months.

Sounds illogical and silly, but it is a matter of interpretation.  sweat.gif

2. Break in the sense of termination, so break would mean 'break the agreement' (in very layman-ish terms) - you can't terminate it before the end of 2 years.

I'm guessing that it would most likely be interpretation no.2.

Have you signed it? If not yet, then get clarification.  icon_rolleyes.gif
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Hmm. I think the agreement is more on your definition stated in no.2.

So is such a clause allowed? The landlord can force the tenant to rent exactly 2 years even though later the tenant only wants to rent for 1 year? I want to stop the tenancy but 2 years haven't expired yet. The landlord now wants me to pay the rent for the whole of two years as per in the agreement. Can he do that?


BDA
post Oct 24 2012, 01:52 PM

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QUOTE(dariofoo @ Oct 24 2012, 01:45 PM)
Yes he can. It is all about commitment. Landlord committed to renting it exclusively to you for 2 years. You had committed to renting it for 2 years, so you can't now turn around and say that you only want to rent it for one year. If it is in the agreement, then you have to pay damages. It would work the other way around as well.
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So then I kena pay the rent for the whole of two years la? No defence for me? cry.gif
BDA
post Oct 24 2012, 02:34 PM

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QUOTE(dariofoo @ Oct 24 2012, 02:20 PM)
That was what you agreed. So you can't back out of it.

Alternatives:

1. Talk to landlord and explain your situation. Perhaps he can compromise by forfeiting one/two months' deposit as compensation; or
2. You get someone to come in and continue the rental from you. Either you can treat it as a sub-let whereby you collect rent from the sub-tenant and pay the landlord, or you treat it as a fresh tenancy whereby the landlord terminates your tenancy and enters into a new one with the new tenant. This is of coruse, subject to the agreement of the landlord.

That is as far as I can advise you. Good luck.  icon_rolleyes.gif
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Alright. Thank you so much for your help. I really appreciate it. smile.gif

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