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I am wanting to terminate my 12 month tenancy agreement early but my contract only states

 

'A term of 364 days commencing on 2nd January 2009 and terminating on 1st January 2010 with a two month notice period to be given by either party'

 

Is anyone aware if there is a general legal break out clause for all tennacy agreements? And does this statement mean I have to give 2 months notice prior to the stated end date but no earlier.... i'm confused?

 

Thanks

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Theres no general legal break clause for tenancy agreements and the statement does indeed mean that you have to give two months notice before the 1st January 2010 if you are intending to leave (however this notice requirement is unenforceable).

 

You should let your LL/Agent know the situation and either ask them to readvertise the property (you will be liable for rent until relet and possibly relet/marketing fee) or find a replacement tenant yourself and let them undergo the relevant checks with the LL/Agent.

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I am wanting to terminate my 12 month tenancy agreement early but my contract only states

 

'A term of 364 days commencing on 2nd January 2009 and terminating on 1st January 2010 with a two month notice period to be given by either party'

 

Is anyone aware if there is a general legal break out clause for all tennacy agreements? And does this statement mean I have to give 2 months notice prior to the stated end date but no earlier.... i'm confused?

 

Thanks

 

This is yet another example of rank amateur drafting. First, though nothing turns on it, I have to wonder why the draftsman thought it necessary to make the term 364 days, rather than a year. Secondly, 2nd January 2009 to 1st January 2010, both days inclusive, is in fact 365 days. Thirdly, we have the words with a two month notice period to be given by either party. It does not say what the two month notice period refers to, but I think it is safe to assume that it refers to notice to terminate the tenancy. We then need to ask whether it means:

 

(a) that either party has the right to give two month's notice at any time during the fixed term; or,

 

(b) that it is necessary to give two months' notice to bring the fixed term to an end; or,

 

© that once the fixed term is at an end it continues until either party gives the other two months' notice.

 

Unless it was represented to you when you signed up that you had the right to end the tenancy at any time by giving two months' notice, then I think that it is going to be difficult to argue that the meaning is (a). If the intended meaning is (b) the provision is of no effect as no notice is required to bring a fixed term to an end. If the meaning is © then it does not help you.

 

I think you can either:

 

A. Give two months' notice and see what happens. If it is not accepted you have not lost anything.

 

B. Enquire of the landlord/agent what the wording means, reminding them that it must mean the same for both parties.

 

Apart from the above, I can only suggest you have a careful look through the rest of the agreement to see if there is anything in it that seems to confirm or is inconsitent with any of the possible meanings.

 

Finally, there is no automatic right to break a fixed term tenancy. It has to be agreed.

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