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.

£19.99 + £1.50 (P&P)

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  1. #1
    Basic Account Holder Eleonor Novitiate

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    Default rolling break clause: what is this??

    Hello,
    I am about to sign a 12 month AST with something that the landlord calls a "rolling break clause" but to me seems like a break clause that will only allow me and co-tenant to break contract at 6 month or at 12 month and nothing in between.

    This is the wording in the contract

    (1)If the Landlord desires to determine the Term granted (but not earlier than six months from the commencement date or the date of this Agreement whichever shall be the later) and shall give to the Tenant not less than two months written Notice but without prejudiceicon to the rights and remedies of the Landlord against the Tenant in respect of any antecedent claim or breach of the Tenantís obligations contained herein.

    (2)If the Tenant desires to determine the Term hereby granted (but not earlier than six months from the commencement date or the date of this Agreement, whichever shall be later) and shall give to the Landlord not less than two months written Notice of such their desire than this Agreement shall cease and be void with effect from the expiration of the said Notice but without prejudiceicon to the rights and remedies of the Landlord against the tenant in respect of any antecedent claim or breach of the Tenants obligation contained herein.
    I have asked landord to add the words "at any time" in both clauses before the words "but not earlier than six months etc" but she has refused saying that solicitor suggested this wording as correct (a rolling break clause, she calls it).

    I am clueless! All I want is to make sure I can break contract anytime after 6 months, given due notice. can you help??


  2. #2
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    Default Re: rolling break clause: what is this??

    That contract to me says that you can give notice any time after 6 months. I fail to see the "rolling" part, or anything explicitly or implicitly implying that you can only give notice at 6 or 12 months.

    7 years in retail customer service

    Expertise in letting and rental law for 6 years


    By trade - I'm an IT engineer working in the housing sector.

    Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

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  3. #3
    Basic Account Holder Eleonor Novitiate

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    Default Re: rolling break clause: what is this??

    Thank you Mr Shed
    landlord also confirmed in email that
    A rolling break clause means that after 6 months either of
    us can give notice at any time. ie. It is a 12 month contract but we
    can both serve notice but only after 6 months and any time up to 12
    months.
    This is what I wanted.


  4. #4
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    Default Re: rolling break clause: what is this??

    Excellent

    7 years in retail customer service

    Expertise in letting and rental law for 6 years


    By trade - I'm an IT engineer working in the housing sector.

    Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

    Please click the star if I have helped!!
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