Break clause?

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    Break clause?

    I have a shorthold assured agreement for my flat. Drawn up a by a lawyer, told it was standard and I assumed it required the tennent to pay for the whole term. The term is just under 12 months in this case.

    It says the Tennant agrees -

    "To give at least two months notice in writing for any notice to quit the Premises or to bring forward the End Date of the agreement."

    Is this a break clause or do they also need my agreement to bring it forward?

    The contract also states the Tennant agrees to -

    "To pay the rent at set times and in the manner stated in the Agreement without deductions or set off. The rent is payable for the full rental period until the end date"

    It doesn't say anything else on the matter. On the one hand it doesn't explicitly they can break. On the other why would it say they need to give two months notice if it also needs to be agreed? I could always agree to any notice period for ending it.


    #2
    What does the agreement say is the meaning of the End Date?
    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).

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      #3
      Hi, thanks for reply. It doesn't say what the meaning of the end date is. It just has the start and end dates near the start of the agreement and then refers to them. Only relevant bits are as quoted.

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        #4
        if I was the tenant I would say that is very clearly a break clause. They give you 2 month's notice to bring forward the "end date" up to which they have to pay rent according to the other clause.

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          #5
          The problem is that it's a legal document and you have to read it as a whole, because it's quite possible for one section to allow something and for another to make it impossible.

          On the face of it, if the tenancy runs from the start date to the end date, what you have is a break clause that allows you to bring the end date forward by giving two month's notice.

          What you need to be sure of is that a) the landlord can't do the same and b) there's not something else in the agreement that says that (for example) the End Date has to be at least 12 months after the Start Date.

          I have my doubts that it was drawn up by a solicitor, or hasn't been messed about with subsequently.
          The convention in legal drafting is that terms with initial capitals are defined terms, and the meaning is defined in the document somewhere.
          It's to avoid an issue precisely like this one, the "end date" could mean a lot of things.
          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


            #6
            Originally posted by Deej1 View Post
            I have a shorthold assured agreement for my flat. Drawn up a by a lawyer, told it was standard....
            If it was standard why did you think a lawyer needed to draw it up? There is no such thing as a standard SaT.

            NB1 Is this Scotland where there used to be SaTs?

            NB2. The new Scottish PRT does have a standard format.

            and I assumed it required the tennent to pay for the whole term. The term is just under 12 months in this case.

            It says the Tennant agrees -...........
            Only 2 n's in "tenant". Might I humbly suggest some education?

            Or if there were 3 n's in tenant in the document, fire the lawyer

            When I started I thought I knew what I was doing: Expensive, painful, stupid, long-drawn-out mistakes in paperwork. Resolved to learn: Started learning (courses, books, forums..). Still leaning: Still making mistakes.

            "Just under" 12 months? Why not 12 months or did you mean eg. 21/04/19-20/04/20 (which IS 12 months...)

            I think tenant can give notice, no problem. I'd find another "lawyer"...
            I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

            Comment


              #7
              Originally posted by theartfullodger View Post
              Still leaning
              There is a law, which probably has a name, which says that if in a post you point out a spelling error or typo you will make one in the same post.

              The two extracts quoted do not inspire confidence that the rest of tenancy agreement is a model of legal drafting.

              Before commenting further I await hearing whether the property is in England or Wales

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