Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
    Basic Account Holder dave1985 Novitiate

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    6 Months Break Clause confusing???

    Hi,

    I am hoping that someone can help me regarding the meaning of 6 months break clause. At the moment I am in an AST contract with a 6 months break clause starting from 11th Feb 2008. I am not sure when exactly I can give the notice to landlord as I want to move out fairly soon.

    Then clause in my AST states that:

    2. The Tenancy shall be for an initial fixed term of twelve months ("the Fixed term") from and including the 11th day of Febrary 2008 ("the Commencement Date") and thereafter on a contractual basis subject to the provisisions of clause 15 below ans subject to a 6 months break clause.

    15. This agreement may be terminated with effect from the end of the initial fixed term referred to in Clause 2 above by either party giving notice in writing of their intention to do so. Such notice will be two months from the Landlord to the tenant and one month from the tenant to the Landlord. This written notice must expire either at the end of the fixed term or, if the tenancy becomes a Contratual Periodic tenancy, at the end of a period within the contractual periodic tenancy created by thi agreement i.e. the day before a new monthly period of the contractual periodic tenancy commences.


    So given the above clauses, I am a little confuse as to when I could give the notice, whether its before or after the initial 6 months break and is it 1 month or the normal 2 months notice (highlighted area)?

    Thx

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  2. #2
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    Default Re: 6 Months Break Clause confusing???

    As i understand it you give one month's notice (as you are the tenant) so that your tenancy can end on the 10th of September (make sure you serve the notice on the 10th August)

    someone will be around to correct me if i'm wrong i'm sure

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    Default Re: 6 Months Break Clause confusing???

    Personally, I dont think it gives ANY clarification as to when you can give notice on the 6 month break clause. I could even read that ambiguous clause as leaving at the end of the 6 months with NO notice.

    I think you may need to discuss this one with your landlord.

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