Determination period, land lord says give 2 months notice after the 6 months break clause period ends

[rasinrdj]

Dear Members/Administrators,

I entered into agreement (Assured Shorthold tenancy) for a flat on 5th Feb 2008 for one year with a 6 months break clause. When I notified my land lord on 4th June that I intend to leave the flat on 4th August (the end of 6 months period) he says that the 8 weeks notice should be given after completing 6 months, so now I have to complete 8 months tenancy even though having a 6 months break clause. He says that I cannot leave during the "determination period". I don't know what this is but this determination period is not clear from the agreement. With regards to tenure and notice these are the only points mentioned in the agreement. I'm posting them below, then followed by the full agreement. Can anyone please guide me how can I leave the flat, as I'm paying huge rent and want to leave the flat? The land lord is kind enough, and asked me that I can leave the flat if I find another tenant for him, but this is getting very hefty I have to search for a suitable new flat and also rent this one, I tried that but not getting enough time for doing both.

Following are the points from the tenancy agreement relating to notice/tenure:

- The Landlord lets and the Tenant takes all that house situate at and known as xxx, (“the Premises") together also with the use of the fixtures and fittings now in or on the Premises as are more particularly described in the inventory annexed hereto and signed by the Tenant at the Schedule ("The Fixtures and Fittings") and any other furniture and effects now in or on the Premises and also referred in the First Schedule TO HOLD the same unto the Tenant for the term certain of one year (incorporating a six month break on 5 August 200 less a day commencing on 5 February 2008 and terminating on 5 February 2009 at the rent of xxx hundred and xxx pounds (£xxxx.00) for every calendar month of the term and all subsequent payments to be made on the 5th of the month 2008/9 by standing order. A rent review is subject to the landlord’s discretion after the first six months.

- The tenant may not notify the landlord of their wish to terminate the tenancy earlier than the determination date referred to herein. Following the determination date either party may notify the other to terminate the tenancy by giving no less than 8 weeks written notice thereafter. The Tenant hereby acknowledges that early determination of this tenancy shall be without prejudice to the rights and remedies of the Land1ord in respect of any antecedent breach of the obligations of the Tenants herein contained.


- A Termination Notice can NOT be served by the Tenant during the three month period of 1st November to 31st January of any adjoining years. It is expressly agreed that the Tenant can not vacate and will continue to pay the monthly rent on the due date during this period.


Apart from the above three points there is nothing else related to tenure/notice in the agreement. If required I can provide the full agreement. Any help/advise is appreciated.

Regards,
Rasin

[MrShed]

The determination date is NOT stated, if this is all the relevant clauses. IMO, you have every right to give notice when you have said.

The complication being, that break clause is without doubt the WORST worded/detailed break clause I have ever seen, and it is open for debate whether it even grants you a break clause....

[Planner]

While it is poorly worded I believe its clear that you cant tell your land lord you want to leave before the 4th August;

The tenant may not notify the landlord of their wish to terminate the tenancy earlier than the determination date referred to herein.

incorporating a six month break on 5 August 2008 less a day

Following the determination date either party may notify the other to terminate the tenancy by giving no less than 8 weeks written notice thereafter.

On or after the 4th of August you have to give 8 weeks notice, meaning the earliest you could leave would be 4th August + 8 weeks.....

[MrShed]

This is the problem with such badly worded clauses - they are massively open to interpretation, and also fall foul of the "plain english" rules by the OFT - I can totally see Planners interpretation as well.

[rasinrdj]

Thanks for the replies,
If the wordings are not clear, then I think I will find someone who can take the flat. I have done a mistake not mentioning it in the contract properly, so I will pay for it now, if I cant find anyone who can take the flat then I will complete 6 months stay and then give the notice.

Regards,
Rasin.

[MrShed]

Not your mistake in the contract, the landlords....

Good luck.