Break clause confusion

[gkmotorsport]

Hi all,

 

We intend to enact the 6-month break clause in our AST, as we will be emigrating soon. It seems to be the 'standard' 2-months-notice affair, but the wording has me really confused:

 

7.10.1 Both parties shall have the right to terminate the tenancy at the end of the first six month period by serving notice no earlier than month 4 and, giving not less than two months notice, in writing to that effect and upon the expiration of such Notice this Agreement and everything herein contained shall cease and be voice subject nevertheless to the right of the parties in respect of any antecedent breach of any of the covenants herein contained. The period of notice must expire at the end of a period being on the 27th of a month.

 

Surprisingly, this agreement is not approved by the Plain English Campaign!

 

The tenancy began on the 28th February, so would it then end on the 27th August if served correctly? If so, would I need to serve the notice on the 27th or 28th June?

[mariner51]

If rent is payable per cal month, then commencement date 28 Feb 14 was last day of Feb so break clause activation Notice cannot expire until after end of month 6 (31 Aug) and should be served (received) by 30th June (last day of month 4).

Are you LL or T?

If T it is accepted a valid NTQ served by end of month 4 will also activate break clause & require you to vacate property liability on 31 Aug.

NTQ not rescindable

If LL all break clause activation does is to create SPT on expiry. This can be achieved by serving s21 b but Court repo action still required after 31 Aug

NB Service dates are deadlines, if serving Notice by First Class mail add 2 working days for delivery ie post by28 June.

Plain English Campaign was embarrassed several years ago when it was revealed some of their documents did not conform to their standards.

[gkmotorsport]

If rent is payable per cal month, then commencement date 28 Feb 14 was last day of Feb so break clause activation Notice cannot expire until after end of month 6 (31 Aug) and should be served (received) by 30th June (last day of month 4).

 

We've had some confusion about this (we are the tenants). The AST says per calendar month, payable on the 28th of the month. We assumed that, as the 28th was the last day of Feb, it would continue to be the last day, but the agent expected it paid on the 28th of each month. They seem to be ok with the leeway on this, which is fortunate as we are paid on the last day of the month.

 

So, would that make the service date the 27th June?

 

If T it is accepted a valid NTQ served by end of month 4 will also activate break clause & require you to vacate property liability on 31 Aug.

NTQ not rescindable

NB Service dates are deadlines, if serving Notice by First Class mail add 2 working days for delivery ie post by28 June.

 

Just to complicate things, we will be leaving the property on the 23rd July as we are emigrating. I will be including this in the letter as the property will therefore be unoccupied for more than 14 days, and we will return the keys, etc. We have a fairly good relationship with the agent; would handing the letter over in person count? The AST says this is a valid method for the LL, but makes no mention on what is valid for us!

 

Plain English Campaign was embarrassed several years ago when it was revealed some of their documents did not conform to their standards.

 

This is a fantastic factlet