Does this constitute a break clause?

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    Does this constitute a break clause?

    HI all, a contract was signed for a two year period, but one of the additional terms looks like a break clause- but is not expressly titled as such. "The Landlord or Tenant may end the tenancy by providing not less than one month's written notice expiring at any time after six months from the beginning of the tenancy."

    If it IS a break clause does this mean they can break at month six (give 1 months notice to expire on the 6 month) or month seven?

    #2
    Yes, it is a break clause. It demands at least one month's written Notice (served at any time) which can end the tenancy once the first six months have elapsed.
    However, the Notice:
    a. has to be served at least one month before its intended end of tenancy; and
    b. must expire at any time after the six months.
    So the Notice expiry must be later than (not 'at') the six-month point.
    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.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


      #3
      So, it could be timed to end one day after the end of the 6 month period? You're an absolute treasure Heffrey, you really are.

      Comment


        #4
        Jow can you jave mis-spelled so jorrendously?
        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.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment

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