Break clause - Wording Interpretation

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    Break clause - Wording Interpretation

    Hello. I am a tenant looking for a confirmation of how wording of break clause in my tenancy agreement applies to my situation.

    I moved into my current flat on 15th Dec. However due to change of personal circumstances I'd like to move in 6 months. My tenancy agreement (12 months) includes a 6 months break clause. Below is the wording for the clause for early termination:

    It is agreed between the parties that either party may terminate this agreement as follows:
    1.By the tenant giving at least one month's written notice, such notice to expire
    on the last day of a rental period.
    2. Under this clause notice cannot take effect earlier than the last day of the sixth month of the tenancy.


    As I understand, this wording means that the notice has to expire on the 14th of the month which would be my move out date. However, the second part is the bit that confuses me. Does it mean that I can only give notice after 6 months has passed i.e. 14th June or could I give my notice in 5th months i.e. 14th May?

    Any help on this would be greatly appreciated.

    #2
    I read that as meaning you can serve notice anytime up to 14th of May, to leave on 14th June.

    Notice doesn't really take effect, it expires, but I can't imagine what else is meant by the wording.
    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
      Agree with jpk
      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...

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        #4
        Might a landlord argue that "the last day of the 6th month of the tenancy" is 30 June? I guess a court is likely to favour the interpretation most favourable to the tenant though.

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          #5
          Originally posted by DPT57 View Post
          Might a landlord argue that "the last day of the 6th month of the tenancy" is 30 June?
          Any such argument should fail.

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