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Help - can't understand the break clause in my tenancy agreement


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I'm about to sign a fixed term assured shorthold tenancy agreement. The fixed term is subject to a 6 month break clause, but I'm struggling to understand it. The break clause states (and I quote verbatim):

"If either party shall desire to determine the term hereby granted on the 24 day of July 2011 (6 months after commencement date) the person desiring to determine shall give to the other party not less than two months previous notice in writing of such desire and (in the case of determination by the tenant) shall up to the time of such determination pay the rent and reasonably perform and observe the covenants on the tenant's part hereinbefore reserved and contained then immediately on that date this agreement and everything herein contained shall cease and be void but without prejudice to the rights and remedies of either party against the other in respect of any antecedent claim or breach of covenant".

Any idea what on earth this means? Does this mean I can't break for 6 months? Can I break any time after this and do I need to give 2 months notice?

Anybody who can decipher this legal gobbledegook will really help me!

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Thanks for the response. It's a 12 month AST. Do you think this means we can't break before the end of 6 months? Does it also mean we can break any time after the 6 months with 2 months' notice?

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You have to go to the 6 months but can give notice before ie at 4 months + 2 months = 6 months ; 5 + 2 = 7 months ; 6+ 2 = 8 months, thereafter you just have to give the 2 months notice period up to 10 months + 2 = 12 months and you then leave or sign a new contract.

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Hi timeldo

 

Best advice if you are unclear as to what the termanology in there document means as tell them that you require the document in plain english so you can understand this part of the document or for a letter explaining this part of the agreement as then you have a documented evidence.

 

I would also be careful signing this document as the wording 'Without Prejudice' means they do not accept liability and also with them refering to a covenant what covanant and have you actually been given a copy of this covanent.

 

It sounds as if the property you are going to sign for has some sort of covenant on the property which tends to means different thing and you should have been given a copy of this to read with this agreement so that you know what the covenant was as to what you can an cannot do.

 

Please be cautious as the wording 'Without Prejudice' is a classic get out clause for them meaning they do not accept liability.

 

SO basically even is there are spelling mistakes, agreement terms wrong etc in the document once you have signed this document you have accepted this they have already told you by this wording they are not Liable so you would have issues if you ever had a claim against them.

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  • 6 months later...

Hi

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