Confusion over notice period/break clause

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    Confusion over notice period/break clause

    Hello all, if anyone is able to give some advice on my contract it would be greatly appreciated. I am looking to end my tenancy ASAP but confused over the contract with a private landlord.

    The contract is for a year beginning December 2019.

    "For the term of 12 MONTHS commencing on 22nd December 2019. It is agreed that either party may give two months' written notice at the end of the first month, to terminate this Agreement after three months."

    A break clause is mentioned: "The agreement may not be terminated early unless the six month break clause is invoked, or written permission is obtained from the Landlord."

    Does this mean I could have given notice after 4 months of renting, and leave in the 6th month. Or does it mean I have to stay for 8 months, having given notice after the 6th month.

    There is no other mention of the "six month break clause" other than the above statement, or any other mention of a notice period. Realise i should have interrogated this beforehand!!

    Many thanks to anyone who can advise,

    #2
    You could definitely have served notice after one month (but that opportunity has passed).

    Unless there is actually a six-month break clause, I don't think you can serve valid notice relying on the text you've quoted.

    I think you're there for a minimum of 12 months.
    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
      Its always worth contacting the landlord direct if you are able, its possible you could find a way forward where all parties are happy. As long as the landlord does not experience too much inconvenience and no financial losses (voids, agency fees, refurbishment) then all should be fine but you would need to be flexible too, (allow viewings under new rules etc.)

      Comment


        #4
        Another dog's breakfast of pigs' ears.

        "For the term of 12 MONTHS commencing on 22nd December 2019. It is agreed that either party may give two months' written notice at the end of the first month, to terminate this Agreement after three months."

        Is that three months after giving the notice or three months after the term starts?

        "The agreement may not be terminated early unless the six month break clause is invoked, or written permission is obtained from the Landlord."

        That gives an opportunity to argue that a six month break clause has been accidentally omitted,

        As to the first part, you go outside, raise your arms to ot the sky and intone in a loud voice: "Yea verily, I invoke the six month break clause!" You can then go indoors and call the landlord telling that you have invoked the six month break clause and are now terminating the tenancy.

        The second part wins a prize for fatuousness.

        Was any sort of a right to break agreed during the negotiations?

        Comment


          #5
          Thanks for your responses. I will be emailing the landlord to clarify.

          Lawcruncher, that Invoke comment gave me a giggle! No there were no discussions about the right to break unfortunately

          Comment


            #6
            Originally posted by RentingQuestion View Post
            I will be emailing the landlord to clarify.
            If I were you I would write to say I hereby invoke the break clause as per our tenancy agreement and give notice to terminate my tenancy on (date at least one month hence and ending at the end of a tenancy period) and see what he says.

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