AST break clause

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    AST break clause

    Hi. I've signed an Assured Shorthold Tenancy Agreement for a fixed term, and I don't know if the agreement has a break clause or not.
    Here's a sentence which may serve as a break clause:
    "On or after the fixed term at least one calendar month's written notice must be given by the tenant to the landlord which must expire at the end of a period of the tenancy (the day before the rent is due)."
    Is this a break clause? Does that mean that I can end the agreement before the end of the fixed term?
    Thanks

    #2
    It means you cannot give NTQ to expire before end of Fixed Term + 1 Rental Period.

    Comment


      #3
      Could you explain it a little bit? So that's not a break clause?

      Comment


        #4
        No it is not.

        Comment


          #5
          Originally posted by Alan834 View Post
          Could you explain it a little bit? So that's not a break clause?
          It is not.
          It does not allow the tenancy to be unilaterally ended before the end of the fixed term.
          It appears to be saying "once the fixed term has ended, you must give at least 1 month's notice ending at the end of a tenancy period".

          If the contract is for a fixed term, then that is what the law says anyway (but this is poorly written and the law overrides this provision, meaning that you cannot end a subsequent statutory periodic tenancy before the ennd of the second month without the agreement of the LL).
          You can leave before the end of the fixed term, but are liable for rent, etc until the end of teh fixed term, unless you agree otherwise with the landlord.

          If the contract provides for the tenancy to continue as a periodic tenency, then the clause may have some merit.


          If you want out, then discuss terms with the LL.

          Comment


            #6
            The wording suggests that tenants notice could be given on the last day of the tenancy, which would mean that there is contractual provision to terminate the tenancy at the end of the first month of the periodic tenancy.

            Comment


              #7
              So "on the fixed term" means "at the end of the fixed term"?
              What should I do if my flatmates don't work, stay up until 4am, listening to music, and I work from 6am and I cannot get enough sleep? This is crazy. I'll lose my job if I stay here.

              Comment


                #8
                Originally posted by Alan834 View Post
                So "on the fixed term" means "at the end of the fixed term"?
                Well its not entirely clear, but I suspect that is what a judge would find if your landlord was stupid enough to challenge your notice.

                Comment


                  #9
                  HMO landlords really should consider tenant compatibility.

                  Are you on a room only tenancy, or are you on a joint, house share tenancy? You really should be on the latter, not least because it will imply higher fire safety standards, as they reason they get relaxed for house shares, is the assumption that the tenants will cooperate. You should probably answer the questionnaire in the sticky posting for this forum.

                  However, basically, your only way out, without paying rent to the end of the fixed term, is to negotiate an agreement where you compensate the landlord for their losses. This can get messy if you have a house share arrangement (joint tenancy).

                  Comment


                    #10
                    Originally posted by Alan834 View Post
                    So "on the fixed term" means "at the end of the fixed term"?
                    On the fixed term doesn't mean anything, but after does, which probably saves it.
                    On the fixed term doesn't mean during, which is what you would prefer it to say.
                    What should I do if my flatmates don't work, stay up until 4am, listening to music, and I work from 6am and I cannot get enough sleep? This is crazy. I'll lose my job if I stay here.
                    If you are on a single agreement for a room and access to shared facilities, I would negotiate with the landlord.
                    If you are on a joint agreement with your flatmates, there's not much you can do.
                    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                    Comment


                      #11
                      I moved in the UK in August, so that's why I'm so clueless.
                      I've uploaded the first page of the agreement. It says nothing about a joint agreement anywhere on the rest of the pages, so I assume it is a single agreement, and mine is the only tenant-name on the agreement.

                      https://drive.google.com/file/d/1B0S...ew?usp=sharing

                      Comment


                        #12
                        It doesn't appear to be joint. The question now is how much of a fuss does the landlord want to make?

                        Was this through an agent? Agents can get awkward about commissions when tenancies are terminated early.

                        Do you know of someone who would be acceptable to the landlord and would fit in with the other tenants?

                        Comment


                          #13
                          It was not through an agent, although I haven't met the landlord either, I've only met a guy who brought the signed agreement.
                          I definitely will talk with the landlord and try to sort things out. Maybe look for a new tenant to take my place.

                          Thank you all for your answers and advice! I really appreciate the help.

                          Comment


                            #14
                            "On or after the fixed term at least one calendar month's written notice must be given by the tenant to the landlord which must expire at the end of a period of the tenancy (the day before the rent is due)."

                            If that is all that is said it amounts to nothing.

                            As pointed out, the "on" adds nothing. An absolute obligation is imposed on the tenant. The tenant must give the notice. However it does not say how long after the end of the term. There is nothing which says what the effect of the notice is. There is only an obligation to serve a notice which expires. Hopefully the periods of the tenancy coincide with the rent periods to avoid confusion

                            Comment


                              #15
                              Originally posted by Alan834 View Post
                              What should I do if my flatmates don't work, stay up until 4am, listening to music, and I work from 6am and I cannot get enough sleep? This is crazy. I'll lose my job if I stay here.
                              Noise cancelling ear buds?

                              Comment

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