Six month break clause

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  • Six month break clause

    Hi,

    We have a 12 month AST agreement with a 6 month break out clause. The agreement commenced on 1 Nov 07, and we gave written notice on 1 Apr 08 to terminate the tenancy on 3 May 08. With the way the break out clause is written we believe this is correct (5+1=6 total) but our landlord believes we can only give notice at the end of 6 months, making it 6+1=7 months. See exact wording of break out clause below:

    “If the Tenant shall desire to terminate the tenancy hereby created at or at any time after the end of the first six months thereof the tenant shall give the Landlord not less than one month notice in writing and shall up to the time of such termination pay the rent and perform the agreements and obligations on the tenants part herein...”

    Please advise who is correct!

    Thanks

  • #2
    I think you're right. You're wishing to terminate the tenancy after the end of six months and you therefore have to give 1 months notice to do this which as you say can be given in month 5.

    I'm not a fan of such clauses. It's rather badly written to, hardly plain english! To many thereof and herebys!
    ****************************************

    If you are unsure about what to do seek professional Legal advice.

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    • #3
      I agree with House, but watch out for a contrary opinion from Jeffrey or Paul F who know much more about it than we do!

      P.P.
      Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

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      • #4
        Originally posted by ajvw View Post
        If the Tenant shall desire to terminate the tenancy hereby created at or at any time after the end of the first six months thereof the tenant shall give the Landlord not less than one month notice in writing and shall up to the time of such termination pay the rent and perform the agreements and obligations on the tenants part herein...”
        I concur with the other posters. Interpreting the clause, the words "at" and "or at any time after" are disjunctive (ie: expressing alternatives). Therefore the operative words are "terminate the tenancy at.....the end of the first six months."
        Health Warning


        I try my best to be accurate, but please bear in mind that some posts are written in a matter of seconds and often cannot be edited later on.

        All information contained in my posts is given without any assumption of responsibility on my part. This means that if you rely on my advice but it turns out to be wrong and you suffer losses (of any kind) as a result, then you cannot sue me.

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        • #5
          Originally posted by agent46 View Post
          I concur with the other posters. Interpreting the clause, the words "at" and "or at any time after" are disjunctive (ie: expressing alternatives). Therefore the operative words are "terminate the tenancy at.....the end of the first six months."
          I agree. Once T knows on what date he/she wants to leave [not in first six months], T has merely to notify L at least one month beforehand.
          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
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