Break Clause - 6 or 8 months

[riddler1975]

Within my tenancy agreement the clause states:

The tenant may bring to an end at any time before the expiry of the fixed term (but not within six months of the commencement date) by giving the landlord at least two months written notice.

Does this mean I can give notice on the 4th month to leave on the 6th or can I only give notice on the 6th to leave on the 8th month.

[Lawcruncher]

The wording specifies when you can terminate the tenancy, not when you can serve the notice. You can serve notice at any time so long as it does not expire before the first six months of the tenancy are up.

[riddler1975]

Break Clause - 6 or 8 months

Thanks for this - The Letting Agency are stating that the min term is 8 months because the notice cannot be given until the 6th month. Are they trying to call my bluff!!!

[House]

Unlikely that they are trying to call your bluff they are probably just misinformed like a lot of LA's.

[riddler1975]

Beak Clause - 6 or 8 months

So I can now give notice to expire 1 day before my 7th payment? I have already made 4 payments in advance

[Lawcruncher]

So I can now give notice to expire 1 day before my 7th payment? I have already made 4 payments in advance

It says "at any time".

[riddler1975]

Break Clause 6 or 8 months

Thx Lawbreaker.

The letting agency seems to be playing games I said vertually what you said but they pushed back and said that bringng the tenancy to an end starts when you give the notice which cannot be given until the 6 months are up.

[PaulF]

Just a note: if any clause is ambiguous then it should always favour the tenant as they are the consumer and the agent (on the landlord's behalf) is supposed to be the expert!

[riddler1975]

Break Clause - 6 or 8 months

Please can some provide me with some reassurance

I recently handed in my notice to my letting agency on the assumtion that the break clause was a 6mth clause and I could give notice on the 4th month - as per previous thread.

The clause is below:

"The tenant may bring to an end at any time before the expiry of the fixed term (but not within six months of the commencement date) by giving the landlord at least two months written notice."

The letting agency and landlord have challenged back to say that the clause is an 8 month clause and I cannot give notice until the 6mth and that they will not let me move out till December however they have accepted that they will put the flat back on the market.

On the advice I have received from Citezen Advice I have pushed back to them to say that until such time I receive formal / legal confirmation that I cannot move out then I will move out on the 6mth month.

Do I have any chance of succedding in moving out on the 6mth. The covering letter "Subject to contract" states that the clause is 8mths.

[Lawcruncher]

The fact that the letter is headed "subject to contract" is a pretty strong indication that the agent has a weak grasp of the law.

I do not think there is any doubt on this one. You can give notice ending the tenancy at the end of the sixth month. Stand firm.

[riddler1975]

Break Clause 6 - 8 months

Thx Lawbreaker.

Thats the problem - when can i give the notice?

Is it on the 4th month to move out on the 6th or is it, give notice on the 6th to move out on the 8th.

I have already given the 2 months but they are saying that it is too early.

My unerstanding is that bringing the tenancy to an end is the day I move out not the day I give notice - is this correct?

The landlord is going to his solicitor for confirmation - I want to prevent any unnecessary costs if I can help it. I will stand firm if I have a case but doubts are creeping in.

I just want to move back in with my girlfriend

[riddler1975]

Break Clause - 6 or 8 months

Lawbreaker - Also on a previous reply you stated that I can give notice at anytime as long it does not expire before the 6mths. Does your recent reply mean that I can give notice now (on the 4th month) to move out at the end of the 6th month. Or does it mean that I can only give notice at the end of the 6th month.

If anyone else knows the answer, more than happy for a response.

[House]

In my opinion as a mere mortal amoung the gods of housing law on here you can give notice in month 4 to expire at the end of month 6. A tenancy doesn't end at the start of a notice to quit.

[Pelican eats pigeon]

They are simply wrong and clearly do not understand the contract that they are using. From my interpretation of the wording, you could give notice on the second day of the tenancy as long as the notice did not state you would leave before the six months were up.

Stand firm.

[riddler1975]

Break Clause - 6 or 8 months

House- Sorry I am confused about your last sentence. For what it's worth (in my opinion) bringing the tenancy to an end means handing the keys back and not serving the notice. Do you think I have anything to worry about if the landlord goes to a solicitor or do you think he is calling my bluff and the letting agency has made a mistake with the wording

The letting agency says handing the keys back is called "securement' or something like that and not bringing the tenancy to an end.

The letting agency are also saying that I should have gone to the Citezens advice before signing the agreement and not during the tenancy as it seems I am trying to find a loop hole.