2 years contract - confusing break clause?

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    2 years contract - confusing break clause?

    Hello everyone,

    I rented a house through Foxton's October last year, 2 years fixed-term, joint tenancy. I have a doubt concerning the break clause contained in the Agreement. It's the following:

    "Either party shall have the right to terminate this agreement by giving the other party not less than two month’s advance written notice. This notice may not expire before the end of the first twelve months of the tenancy".

    Does that mean that we can end the tenancy by the end of the first year? In that case, does the notice has to be given at least two months before that first year ends? In our case, August?


    I'm new to all of this, would appreciate if you guys could help me out. As you can see we don't have much time to figure this out.


    #2
    Yes, you can end the tenancy at the end of the first year.
    However, all of the joint tenants have to give notice, you can't do it on your own.

    The notice can be served at any point provided it expires on or after the first anniversary.

    So if the tenancy began on 1st October, you can serve notice any time before the 1st August, to expire on 30th September,
    Obviously adjust the dates for your particular agreement.

    Your notice has to be clear and unconditional and, once served, can't be cancelled or amended.
    It should be in line with any terms of the agreement that define how it has to be done.

    If you want to serve notice as only one of the joint tenants, you can't do so until the end of the two year fixed term, unless the other tenants and the landlord/agent agree a deal to let you do that (and they don't have to).
    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
      I agree.

      NB It's amazing how many agents don't seem to understand break clauses (but there are good agents). If there are problems 'phone the experts at Shelter, free helpline 0808 800 4444.

      Make sure you serve notice as prescribed in the contract. (eg it might just say only in person at agent's office - very unlikely but read the contract!)

      good luck!
      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

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