Break clause

[MARKYSTEW]

HI

I have a twelve month tenancy agreement with a break clause the company is Leaders.

My first six months is up at the end of this month and would like to leave asap.

Here is the break clause word for word:

 

1. the landlord shall be entitled to terminate this tenancy by giving notice to the tenant as follows:

1.1. the period of notice to be a minimum of 2 calender months.

1.2. the notice can be served at any time during the tenancy term but the tenancy cannot be terminated until after the first 8 months of the term.

1.3. the notice period will expire on the last day of a period of the tenancy and must be served in writing.

 

2. the tennant shall be entitled to terminate this tenancy by giving notice to the landlord as follows:

2.1. the period of the notice to be a minimum of 1 calender month.

2.2. the notice can be served at any time during the tenancy term but the tenancy cannot be terminated until after the first 7 months of the term.

2.3. the notice period will expire on the last dayof a period of the tenancy and must be served in writing.

 

my question is: when is the earliest i can leave if i give notice now? i pay rent one month in advance ,can i leave at the end of feb or is it the end of march ?

Any help appreciated

Thanks

Mark

[heliosfa]

HI

I have a twelve month tenancy agreement with a break clause the company is Leaders.

My first six months is up at the end of this month and would like to leave asap.

Here is the break clause word for word:

 

1. the landlord shall be entitled to terminate this tenancy by giving notice to the tenant as follows:

1.1. the period of notice to be a minimum of 2 calender months.

1.2. the notice can be served at any time during the tenancy term but the tenancy cannot be terminated until after the first 8 months of the term.

1.3. the notice period will expire on the last day of a period of the tenancy and must be served in writing.

 

2. the tennant shall be entitled to terminate this tenancy by giving notice to the landlord as follows:

2.1. the period of the notice to be a minimum of 1 calender month.

2.2. the notice can be served at any time during the tenancy term but the tenancy cannot be terminated until after the first 7 months of the term.

2.3. the notice period will expire on the last dayof a period of the tenancy and must be served in writing.

 

my question is: when is the earliest i can leave if i give notice now? i pay rent one month in advance ,can i leave at the end of feb or is it the end of march ?

Any help appreciated

Thanks

Mark

 

Hi Mark and welcome to CAG,

 

My interpritation of what is there is that you must give notice on or before one month before the date you wish to leave. The date you wish to leave must be the end of a rental period.

 

As your six months is up at the end of this month, you could give your notice now for expiry at the end of February so that you move out then. This is obviously assuming that your rental period is from the first of the month.

 

Thnaks,

H

[mariner51]

My (wrong?) opinion of a break clause is that it offers only window of opportunity for either side to cancel the contract at the break point ie 6 months, provided due notice is given LL noticed served on or by end of month 4 and tenant notice served on or before end of month 5. Otherwise the fixed term continues for the full period (12 m). It would be pointless for inclusion of a break clause to create a 6 month fixed period rolling into a periodice tenancy.

If that was the intention, why not just provide a 6 month AST?

 

IMO a 12 month AST should reasonable expectation of rent/tenure for the fixed period. Addition of a break clause at half way point (6 m) allows either side to withdraw in case of LL/tenant incompatability. No point in a 50% break point in a 6 month AST as the minimum duration is 6 months.

 

The OP may be too late for break point Notice. I would suggest they contact the LL and try to negotiate early release if out of time.

Open to counter-opinions!

[heliosfa]

The OP may be too late for break point Notice. I would suggest they contact the LL and try to negotiate early release if out of time.

Open to counter-opinions!

 

According to the terms the OP has posted he can leave after 7 months by giving 1 month notice. I agree that this is odd but it seems to be what is in his AST.

 

Thanks,

H

[mariner51]

I await outcome/update

[MARKYSTEW]

gave written notice yesterday to leave at end of feb ,agent phoned today and said i can only give one months notice after 7 months ! which ties me till the end of marchI must say i'm confused I'd like to go into the branch and debate it with them but don't want to make a fool of myself,should I take it on the chin?

[Aequitas]

agent phoned today and said i can only give one months notice after 7 months

 

Wrong!

 

"the notice can be served at any time during the tenancy term but the tenancy cannot be terminated until after the first 7 months of the term."

 

You can serve notice at any time so long as it does not expire until after seven months has elapsed.

 

As for this:

 

"the notice period will expire on the last day of a period of the tenancy and must be served in writing"

 

I am a peace loving man not given to violence, but whoever drafted it should be kneed repeatedly in the groin until he promises never ever to engage in legal drafting again.

 

This is a fixed term - how can there be a period of the tenancy other than the whole of the fixed term? How do you serve a notice in writing?

[Steve__M]

This is one of the better break clauses!

 

Some break clauses are very confusing as to whether the date (7 months in this case) is the date after which notice can be served or the date after which the tenancy can be terminated. It may be that the agent you spoke to has experience of the former type.

 

In this case the clearest interpretation is that you *can* leave at the end of Feb.

 

Go through it step by step with the agent: 1 "notice can be served at any time" and 2 "tenancy cannot be terminated till after 7 months".

 

The supporting point is that you can end after 7 months (6 months plus one) whereas the LL can end it after 8 months (which is 6 months plus 2). It doesn't make total sense, but there is at least a common point of 6 months.

 

Under the agent's definition, you could only end it after (7 months plus 1) = 8 months, but the landlord would have to wait for (8 months plus 2) = 10 months, which doesn't seem logical at all.