Break-Out Clause

[JamesBooker]

"The Tenants shall have the right to terminate the tenancy at the end of the first six month period by giving to the Landlords not less than two months notice in writing to that effect..."

My landlords are saying that means at 6 months I can give them 2 months notice and move out after 8 months but to me it seems clear that I can give notice at 4 months and move out after 6.

Does anyone have any thoughts or advice please?

[Spiceskull]

I agree with the second sentence - you have the right to terminate after six months. By giving notice after four months you will be exercising your six-month right...

[Bovvered]

I think it's the second one also...

[bankoff]

You can give 2 months notice and move out at the end of the 6 months. You only have to give 1 month's notice after the six months is up.

In fact you only need to give 1 month's when you have been there 5 months, if you are still within your 6 months tenancy.

The Landlord however, has to give you 2 months notice if he wants you to go.

Hope this helps.

[Spiceskull]

I checked our tenancy agreement last night - and it is obvious that most agreements would be individual. Our agreement mentions the break clause, the six months, the two months, but it also states that the two months notice CANNOT be issued in the first six months of the contract. Effectively we have a minmum 8 month contract...

Would suggest that you read the relevant clause in your own contract as I don't believe there will be a hard and fast rule on this, other than as the contract is determined and agreed by both parties then that particular clause will be upheld in court.

[JamesBooker]

Thanks very much for the input everyone, I'll certainly be having a look for any similar clause in our contract Spiceskull. Our Landlords must beleive a similar condition is in place.

[Spiceskull]

Good luck.

[us,thecat&thedebt]

hi im a letting agent

and im afraid its the first sentacnce

you cannot give notice till at least 6 months making the contract a min of 8 months

hth

[callumsgran]

hi we were in a similar position, i.e gad found a new place 50 miles away and needed to move quickly we spoke to our letting agents about this and they said we could give notice under the 'five month rule' i.e you give one months notice and move out on your six month anniversary! try this it might just work!

So the minimum term is 8 months...eh! thats a bit misleading of the lettings agents and landlords out there, as they quote 6 months and dont really ever mention 8 months at all...

(I have rented 4 house's previously)

Its a bit naughty, but if its in the T&C's then what can you do!

[bankoff]

I worked in a letting agency, all the Tenancy Agreements were "Assured Shorthold Tenancies", in which you can give 1 month's notice before the six months is up, but you must stay for the 6 months. Should you leave before and the LL cannot find another tenant, you can be made liable for the rent up to the end of the 6 months.

I have never seen one with the "2 month get-out notice" on it.

The Landlord has to give two months if he wants the tenant out. The tenant should only have to give one month.

Unless it is a different contract which the Landlord has drawn up himself, then you should only have to give one month's notice, and this notice should be given on the Anniversay Date of the Tenancy.

Hope this helps.

[nij4t2]

Well, I'm writing lots of posts tonights thinking back to a short period of time when I was a landlord (*shock*) renting through an ARLA agency. I am pretty sure that a few of my tenants (all on Assured Shorthold tenancies) were quite able to move out after 6 months... but having given 1-2 months notice (I don't recall).

I'm pretty sure therefore that notice can be given before the 6 months are up, but you are liable for the full 6 months if you moved out before then.

[JamesBooker]

Just thought I'd conclude in case anyone is in the same situation that the Letting Agency consulted their lawyers and realised they were wrong (!) Thanks for all the advice people

[callumsgran]

Glad we could be of help! see i knew i was right!!! (i usually am, being a woman 'an all!! tee hee )