Tenancy agreement - is break clause allowed?

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sals82
Posts: 17
Joined: Wed Jul 27, 2022 9:51 pm

Tenancy agreement - is break clause allowed?

Post by sals82 »

Hi there,
The admissions policy for Bucks states that if you are moving into the area in a rented property you have to provide proof of a legally binding rental agreement of a term of at least up to 1 April 2024 (for admission starting Sept 2023). This means if someone moves in on 1 Oct 2022, the tenancy agreement should be at least 18 months plus. Is it allowed to have a break clause in the agreement or does it have to be an agreement that the tenant cannot cancel for at least 18 months? Latter seems too harsh and impractical. Grateful for comments.
Thanks in advance
scary mum
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Joined: Mon Mar 15, 2010 3:45 pm

Re: Tenancy agreement - is break clause allowed?

Post by scary mum »

I don't know the answer to your question but the easiest way to find out is to ask Buckinghamshire Council.
As you will realise, the purpose is to stop people moving close to a school & moving away once they have the place, so a break clause might mean that this could happen. I think if people did move inside the time frame specified they would look very closely at the case & there might be a danger of the child having the place taken away from them.
scary mum
hermanmunster
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Location: The Seaside

Re: Tenancy agreement - is break clause allowed?

Post by hermanmunster »

Agree that the only people who could say would be the LEA.-

One of the problems is that it is difficult to get a tenancy of that sort of length anyway and many probably do have break clauses in them, likely that the LEA have come across this issue before - the sort of things they would be looking at would be whether the ties to the old area / house have been severed eg moving primary schools, GPs, etc etc
Aethel
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Re: Tenancy agreement - is break clause allowed?

Post by Aethel »

“the latter seems harsh and impractical”

well, if so, that’s the fault of all the other parents in the past who have moved “permanently” into the school cachement area, bagged a place for their DC and then “changed their mind” and moved out again.

If the appeal of a grammar school is so alluring why not move to the correct area a few years before it becomes pertinent to get used to the area and settle the children into the local schools?

the number of parents who state baldly on here “of course I will move to the area once DC gets a place” is staggering…..and then complain the rules are restrictive regarding residency. Every single year pupils get deprived of places at their local grammar school because people think it’s morally acceptable and “clever” to rules-lawyer the admission criteria, and parachute into a rental property 50 yards from the school gates. The rules seem harsh if you’re trying to play the system!….
hermanmunster
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Location: The Seaside

Re: Tenancy agreement - is break clause allowed?

Post by hermanmunster »

Aethel wrote:“the latter seems harsh and impractical”

well, if so, that’s the fault of all the other parents in the past who have moved “permanently” into the school cachement area, bagged a place for their DC and then “changed their mind” and moved out again.

If the appeal of a grammar school is so alluring why not move to the correct area a few years before it becomes pertinent to get used to the area and settle the children into the local schools?

the number of parents who state baldly on here “of course I will move to the area once DC gets a place” is staggering…..and then complain the rules are restrictive regarding residency. Every single year pupils get deprived of places at their local grammar school because people think it’s morally acceptable and “clever” to rules-lawyer the admission criteria, and parachute into a rental property 50 yards from the school gates. The rules seem harsh if you’re trying to play the system!….
The OP was asking about whether a contract with a break-clause was acceptable, probably because most contracts will have them and that makes it very hard for anyone renting, not just those who are moving into the area from elsewhere
Aethel
Posts: 1190
Joined: Sun Dec 20, 2015 6:24 pm

Re: Tenancy agreement - is break clause allowed?

Post by Aethel »

hermanmunster wrote:

The OP was asking about whether a contract with a break-clause was acceptable, probably because most contracts will have them and that makes it very hard for anyone renting, not just those who are moving into the area from elsewhere
I think you would have to check with the individual school then - apologies to the OP, I am not trying to imply that you personally are intending to commit any form of admission fraud!
but if there are overly stringent recommendations in place for a school, it may well be because of past admissions shenanigans by parents in desirable cachement areas having a knock on effect.

I suppose that for many people the concept of moving purely to gain a school place is just as legitimate as moving purely for a job or to live near to a relative. And the wording of a rental contract is not usually up for negotiation BUT if you found the house you wanted you may be able to request the break clause be removed maybe? (of course that would then commit you to stay longer in the rental property).
VKM
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Joined: Thu Oct 27, 2022 12:48 pm

Re: Tenancy agreement - is break clause allowed?

Post by VKM »

The advise seems to have changed recently from Bucks. No longer is an 18 month agreement required. Only 12 months. It says:
Evidence that you have a new address can include:

a solicitor’s letter showing the date that your purchase was completed, or;
an Assured Shorthold Tenancy agreement that is signed by both landlord and tenant (the tenancy should be for a minimum of 12 months), or;
If you have moved back into a property you already own, you should send us proof of this, such as Land Registry.

Link:

https://www.buckinghamshire.gov.uk/scho ... ving-home/" onclick="window.open(this.href);return false;
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