IX. Termination of tenancies by notice before expiration (without breach)
In usual circumstances, both the landlord and the tenant cannot terminate the tenancy before its expiration unless either of them has breached the vital terms of the agreement which entitles the other party to forfeit or terminate the tenancy (e.g. the tenant fails to pay rent or the landlord illegally re-enters the property).
However, early termination may be possible with the existence of a valid break clause which may be exercisable by either party by giving prior notice at a certain time during the term of the tenancy.
- I have let my property to a tenant on a three year term. There are still more than 2 years remaining in the term. However, I note that the rental value of neighbouring properties has risen significantly. Can I terminate the tenancy with the existing tenant and re-let the property out for a better rent?
- I have recently entered into a lease with the Landlord but, before moving in, the Landlord said that he did not wish to let the property to me anymore. The landlord terminated the tenancy agreement and refused to let me move in. I considered that the terms of the lease was a good bargain to me and I liked the property a lot. Can I ask the Court to compel the Landlord to let the property to me on the original terms despite the landlord has breached it?
- I have rented a property on a three year term. There are still more than 2 years remaining in the term. However, I note that the rental value of neighbouring properties has dropped significantly. Can I terminate the tenancy with the landlord so that I can get a comparable property for a lower rent?
- I have rented a property on a three year term. As a result, I have incurred rather big sum of money on renovation and purchasing furniture which only fits into the property’s dimension and layouts. However, the landlord relied on the ‘break clause’ and gave my notice to quit at the commencement of the second year. At the same time, the landlord threatened me that if I wished to stay, I must pay extra rent for the remaining term or else I must leave after restoring it into original state at my own costs. Is that fair? Can I sue the landlord for compensation?