What does my break clause mean?

  • Filter
  • Time
  • Show
Clear All
new posts

    What does my break clause mean?

    Dear all,

    I have a problem with the break clause in my contract. It says:

    "The Landlord and Tenant may both give 2 months notice in writing to end this Tenancy only after the expiry of the first six months of this Tenancy"

    The agents are telling me I cannot leave before the end of the 8 months, with a two months notice at the end of six months, while i m trying to get out at six months with a notice at the end of the fourth month.

    Can somebody help with this?

    In this case I think the natural meaning of the wording is that the notice can be served at any time so long as it does not expire before six months have elapsed. If the agent's meaning is what was intended it would have been more natural to say:

    The Landlord and Tenant may both after the expiry of the first six months of this Tenancy give 2 months notice in writing to end this Tenancy.


      thank you, I think so, too.
      However, they will not let me go and threaten to bring bailiffs into the picture if I leave after the end of six months...
      Is there anything I could do?


        Not sure how they can "bring bailiffs into the picture". Sounds like any empty threat to me.

        Assuming you do not wish to give in, write to the agents telling them that you have taken legal advice and are entirely satisfied that you have the right to bring the tenancy to an end on the expiry of six months and that accordingly your notice is valid. Then just leave, making sure you go before the date your notice expires.


          thank you all,
          any advice is very much appreciated, as it seems that they are not willing to let me go, I am just not sure how else they can come after me...


            Although I know its not generally advisable on this forum to disagree with other members....I'm going to anyway.

            I think the break clause as written is pefectly clear. It allows the tenant to serve a minimum of 2 months notice after 6 months. Therefore tenant can leave earliest at 8 months from beginning of tenancy.


              thanks for your input, i realised that about half the people read one thing and half the opposite! i guess this is the problem with that clause

              many thanks


                Originally posted by subjecttocontract View Post
                I think the break clause as written is pefectly clear.
                "Perfectly clear" is not the phrase that immediately sprang to mind when I read the clause. We see many break clauses phrased this way.

                If we reduce the clause to its essentials we get something like:

                X may give notice to end this Tenancy after a given date

                At first glance what would you take that to mean?

                It may help in this sort of case to look at what the parties agreed before the agreement was signed. If "a right to break at six months" was agreed I think that has to be taken as meaning that the minimum commitment is six months if for no other reason than that the length of notice is not specified. The agreement must then be interpreted to reflect what was agreed.


                  It's not crystal clear, indeed.
                  Personally I'd interpret it in the same way as LC does: It is the ending of the tenancy that can only end after the first 6 months, not the serving of the notice.


                    Chances are that the tenant will leave when it suits them ....at 6 months after serving notice at 4 months.

                    The landlord can either accept it (which is probably what I would do)or take action in the county court.

                    The view of the court would be interesting.


                    Latest Activity


                    • Reply to notifying utility companies of tenant change
                      by DoricPixie
                      You don't need the password of the vacating tenant. Their account with the utility company has nothing to do with you as you are setting up a new account not taking over the tenant's account. The section on the websites is usually called something like "Moving Home" and although you're not...
                      19-05-2022, 03:26 AM
                    • notifying utility companies of tenant change
                      by flyingfreehold
                      Does anyone have a shortcut? Right now we seem to have to hang on interminably long on the phone to provide details of leaver readings, put the account back in landlords name and then to provide new tenants' details when the place is re-let. Anyone know of a shortcut? We used to send out letters but...
                      18-05-2022, 21:10 PM
                    • Reply to notifying utility companies of tenant change
                      by flyingfreehold
                      but how can you give the information online if you dont have the password of the tenant vacating?
                      19-05-2022, 02:14 AM
                    • Reply to notifying utility companies of tenant change
                      by DoricPixie
                      You’re not really putting the account back into the landlord’s name, you’re opening a new account.

                      I thought the majority of utility suppliers let you set up a new account online as they don’t really want you phoning them either. Closing the account is all done online too and the...
                      19-05-2022, 00:35 AM
                    • Reply to Windows and front door smashed
                      by Yorkie2020
                      Thanks artfull, we have the CRN. we may need help from the place you suggested as I've never had to deal with an insurance company before and it's already looking like its going to be North of £1600 claim and they will try to wriggle out of it.

                      Had a very unpleasant chat with the tenant...
                      19-05-2022, 00:04 AM
                    • Windows and front door smashed
                      by Yorkie2020
                      Tenant messaged this morning to say her living room window and front door were smashed in last night plus some other damage. She called the police who arranged for someone to secure the broken window and door.
                      In all the years of being a landlord, I've never had to make an insurance claim before,...
                      17-05-2022, 16:41 PM
                    • Advice for tenant asked for big rent rise
                      by Renterthedragon
                      I’m a tenant facing a sharp rent increase and in need of advice.

                      I have a good landlord who agreed to a rent reduction last year because of ongoing maintenance issues and lower market values. However, I can only communicate with them through an agency.

                      Approaching the end...
                      18-05-2022, 22:10 PM
                    • Reply to notifying utility companies of tenant change
                      by ash72
                      I've not found any short-cuts, as each company has their own quirks on dealing with this. It usually takes a couple of calls to a customer services person to provide the information, due to GDPR they wont say anything about the exiting T.

                      Some Councils, seem to have an online form you can...
                      18-05-2022, 21:21 PM
                    • Reply to Single parent renting
                      by Hooper
                      I am not sure that it will make her feel any better but I suspect that the children are more of an issue than being a single mum. Friends of mine have been rejected from every family size house they have applied to. They are high earning professionals with decent references and ... two young kids 2...
                      18-05-2022, 20:28 PM
                    • Single parent renting
                      by Dct
                      A friend of mine who is a single parent with three children is trying to find a house to rent. She has three children and recieves UC mainly to help with childcare costs, but despite viewing several houses and showing interest and showing she is more than able to pay rent, she has been turned down and...
                      18-05-2022, 16:32 PM