Break Clause Notice

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    Break Clause Notice

    Hi, sorry if this is a stupid question.

    My tenancy agreement has a break clause in it, as I took over from the existing tenants I basically have the remainder of their tenancy term plus 12 months.

    Does the text below, mean I can give notice from the 18th June and move out by the 18th August, or only give notice from the 18th August, therefore moving out on the 18th October?

    I think I can give notice from the 18th August, to move out on the 18th October?

    This agreement may be terminated (by way of a ‘Break Clause) by the Landlord
    upon serving Two months Notice in writing or via email to the Property address
    such two months notice not to commence before 18/08/2020. This agreement
    may be terminated early in accordance with the Break Clause by the Tenant(s)
    upon serving of Two months Notice in writing or via email to the following
    address:*** Letting Agent address*** such two month notice period not to commence before
    18/08/2020.


    Thanks.

    #2
    Are you on a joint tenancy with other people?
    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


      #3
      It's just me on the tenancy.

      Comment


        #4
        you can give notice at any time but the notice period will start on 18/8 and you can move out on 18/10

        Comment


          #5
          Originally posted by danielson81 View Post
          It's just me on the tenancy.
          How did you "take over" the tenancy (curious because that's not really possible)?
          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 jpkeates View Post
            How did you "take over" the tenancy (curious because that's not really possible)?
            The existing tenants could break theres if they found and funded new tenants (ie paid some admin fees).

            I have a brand new AST but with a few months added on.

            Comment


              #7
              Is there anything else in the agreement relating to the "Break Clause", because the text seems to refer to it as though it was somewhere else.

              But I think I agree with your understanding.
              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


                #8
                Originally posted by jpkeates View Post
                Is there anything else in the agreement relating to the "Break Clause", because the text seems to refer to it as though it was somewhere else.

                But I think I agree with your understanding.
                Apart from the bit I posted, the other relevant bits are:

                Note for Tenants
                This tenancy agreement is a legal and binding contract and the Tenant is responsible for payment of the
                rent for the entire agreed term. The agreement may not be terminated early unless the agreement
                contains a break clause, or written permission is obtained from the Landlord.

                Tenant Termination / Breach
                3.30 Termination of the Tenancy Agreement by the Tenant(s) may only be in line with the Tenancy
                Termination (Break) Clause or in line with the end of the fixed term.

                4.8b This tenancy can only be terminated in line with the break clause. Where there is no break clause
                this agreement can only be terminated in line with clause 3.30.


                Comment


                  #9
                  In which case, I think you can give notice on 18th August to end on 17th October.
                  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


                    #10
                    What do you want the answer to be?

                    Comment

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