Both transfers and subleases are made when the tenant hands over the lease fee to third parties. As a general rule, the lessor cannot block a transfer or sublease for no good reason. An assignment is made when the tenant grants a third party all the remaining rights to a tenancy agreement for the duration of the tenancy agreement. The original tenant no longer has rights to the property or claims rights to the property. When a tenant sells property, he can no longer be sued by the landlord and cannot sue the landlord, because all his rights are transferred to the third party. In the case of subletting, the tenant can transfer part of the tenancy (for example. B a room in a house) or part of the lease (for example. B for 5 of the remaining 6 months of the lease) to a third party. The original tenant retains his rights to the property. The original tenant can still take legal action and be sued by the landlord for breach of contract. You will find a complete breakdown of your rights and obligations with the Shorthold Insurance lease in our special guide – Tenancy Contracts and Shorthold Tenancy Insurance (AST). Break clause. For this reason, it is often recommended that landlords include a break clause in the lease so that it can be terminated by both parties if they wish, if they follow the procedure set out in the break clause.
Keep in mind that a break clause that can only be used by the owner is considered unfair and unaligned, in accordance with the rules of unfair terms (see below in this series). Excluded leases have a fixed and periodic duration, although the fixed duration is often symbolic. However, if you have a fixed term, you have relative protection against evictions and rent increases. If the owner agrees, it is often best to negotiate a shorter lease based on your needs. For example, a master`s student who moves somewhere for his or her course may receive a 12-month rent. After the expiry of this firm contract, they can then renegotiate for a periodic lease agreement with the owner. On this date, there will be no fixed date for the holidays. The periodic lease can then continue monthly. The tenant can go as soon as his course is finished, provided he has a notice of two months in advance. The problem with oral leases is that they can be difficult to implement. If there were to be a dispute, a court would have to hear evidence and decide which version of the truth should be accepted.
In the event of a written agreement, courts are generally required to abide by the terms of the written agreement, even if they do not agree with them.