help me understand the Break Clause in my Tenancy agreement

[wondergirl]

We signed the Assured Shorthold Tenancy agreement on the 21st of december 2007
The agreement contained a 'Break Clause' as stated below

At the end of the first 8 months tenancy, the tenant may terminate this agreement by giving the landlord 6 weeks calender notice in writing; the landlord must give two months notice to the tenant.

We were given a 2 month notice period by the letting agent on the 21st of June.

Is this legal?? Or should they, as I understand it, wait till the 8 months has ended and then give us a 2 month notice period???

PLEASE HELP!!

[Aequitas]

How long was the tenancy granted for?

[wondergirl]

11 months. with an 8 month break clause..
I hope I answered you question

[Aequitas]

At the end of the first 8 months tenancy, the tenant may terminate this agreement by giving the landlord 6 weeks calender notice in writing; the landlord must give two months notice to the tenant.

This is very amateurish drafting. It provides that the notice may only be given at the end of the first 8 months tenancy. It cannot be given before and probably not after. The notice is invalid.

What I expect they meant to say was:

This tenancy may be terminated at any time after 21st August by the tenant by the tenant giving the landlord not less than six weeks' notice in writing and by the landlord by the landlord giving the tenant not less than two months notice in writing

In any event all the landlord's notice would do is bring the fixed term to an end; as soon as that happened a statutory periodic tenancy arises and that can only be brought to an end as provided by statute.

[wondergirl]

Thanks for your reply.
Was just wondering...since the agent says that the property has been bought by someone other than the landlord.. can we talk about some kind of cash compensation? We could find another place and move by the 21st of aug...
Your thoughts please..

[Aequitas]

No reason why you cannot put it to them if they want early possession.

[wondergirl]

Ok - thanks for your thoughts.

[wondergirl]

Hi there,

We spoke to the letting agent and this is what she had to say about the break clause..

If I use the word end it makes more sense, “at the end of 8 months the LL can End the tenancy by giving 2 months notice”. Thus is does not say at the end of 8 months the landlord must give 2 months notice to end the tenancy which would then end the tenancy on 10 months. It is saying you can end the tenancy on 8 months. In order to do this you must give at least two months notice, notice must of course be prior to the end time – in your case 8 months, thus notice is served at 6 months.

Effectively, the landlord (or a tenant) can give notice as soon as you enter the flat but the agreement can not end until the 8 month point. And as discussed above notice must be at least 2 months from the LL and 6 weeks from the tenant.

The standard break clause is 6 months, we have ours at the longer 8 month period.

I hope this all helps to clarify the clause.

What do you make of her explanation???

[raydetinu]

Her explanation is meaningless! they cannot alter the wording or its interpretation.
You will be entitled to compensation if vacate earlier if you so wish and I would certainly get agreement to that before you agree to anything.
Anyway you would not have to leave anyway without a court order, so you could make life very difficult for them and the new owner, as they will not have vacant possesion.

[Aequitas]

My first reading of the clause is that it sets out when the notice can be given, not when it can take effect from. The agent's interpretation is possible, but strains the words rather. Whatever was intended, the wording is unclear.

In any event, it is all academic if the agent does not also serve a S. 21 notice.

[JOSH_IOU]

If theagent is bending the rules it is possible he is not acting reasonably i.e not being fair.

I am in the same boat as you at the moment soany help given here may be able to help me.

The Agent / Landlord can give you a section 21 notice any time within the period of the original tennancy. It is common to serve this notice with the tennancy agreement itself. However if that Notice ends before the terms of the tenancy then you may be able to stay in your home.

If the landlord dose not apply for repossesion then the asured shorthold tennancy becomes an asured perioic tennancy if you have not agreed or signed another tennancy agreement.

This means until the landlord dose the evicition correctly I.E. he applies for repossesion then you have everyright to remain in your home.

The landlord can not evict you by himself he must seek repossesion. If he threatens you in any way whatsoever to leave this may be classed as an ilegal eviction and you could prosecute your Landlord / Agent. As ilegal eviction is a criminal offence (it is harrasment) And against your human rights.

I strongly urge you to seekthe assistance of Shelter ( Shelter England - The housing and homelessness charity )