Break Clause Tenancy Agreement

[next_level116]

Hi

 

I have Assuared Shorthold Tenancy agreement for a fixed term of 12 months with the following break clause.

My tenancy agreement says

 

Both the Landlord and the Tenant may bring the tenancy to an end at any time Before the expiry of the term (but not earlier

than 6 months from the commencement date or the date of this agreement which ever shall be the latter) by giving to the

Tenant or the Landlord not less than 2 (TWO) months written notice stating the Landlord requires possession of the

premises.

 

Does this mean I can leave just after 6 months giving notice at the end of the 4th Month or sleave after the 8th month giving notice at the end of 6th month??

 

Thanks

[Guest Old_andrew2018]

Hi

 

In my opinion you could give notice at month 4, but really this reply is to bump your thread, hold fire on any action until other members with some experience advise.

 

Regards

 

 

Andy

[callumsgran]

http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/71550-break-out-clause.html

 

 

this was just below, mrshed and blacksheep know their stuff

hope it helps?

[Aequitas]

Both the Landlord and the Tenant may bring the tenancy to an end at any time Before the expiry of the term (but not earlier

than 6 months from the commencement date or the date of this agreement which ever shall be the latter) by giving to the

Tenant or the Landlord not less than 2 (TWO) months written notice stating the Landlord requires possession of the

premises.

 

This is classic amateur drafting!

 

First, it actually provides that the landlord may bring the tenancy to an end by serving notice on himself and so may the tenant. And that is if the use of the word "both" does not suggest that only a joint notice by landlord and tenant will do.

 

Secondly, if the tenant gives notice, whether to himself or the landlord, the notice must state that the landlord requires possession.

 

Thirdly, whilst (if a joint notice is not needed) any notice served by the landlord under the clause will bring the contractual tenancy to an end, once the contractual tenancy ends, as a statutory periodic tenancy arises the landord still needs to serve a S.21 notice.

 

Leaving all the nonsense aside, I think the clause has to be interpreted to mean that you can give notice terminating the tenancy at any time after the first six months has expired.

[johnhowell]

Next Level,

 

Why not re-post in

Residential and Commercial Lettings

 

where the experts in this field reside.

 

John