Breaking a 12 month contract after the 6 month break clause.

[davidx2]

Having been a tenant for over 5 years in various properties & studying for a RICS accredited degree I thought I had quite a good comprehension of a 6 month break clause... however my current Agents have informed me that to break the contract, we should have given 2 months notice on the 3rd month to break at 6?

This seems very unusual to me. We have now past the 6months & my comprehension was that after the six months you could give one months notice & end the contract? Can anyone give some advice please.

I have tried looking at various RICS documents & ARLA don't give any detailed advice on their website. I would very much appreciate some help.

[Mrs Mug]

my current Agents have informed me that to break the contract, we should have given 2 months notice on the 3rd month to break at 6?

What was the start date of your tenancy agreement, dd/mm/yy?
Can you quote the exact wording of your break clause.

[Snorkerz]

A break clause is a contractual issue, not a statutory one. Therefore the answer to your question lies in the break clause itself (well, it should do - some are so poorly drafted that they say nothing!). Can you give us the exact wording of the clause?

[davidx2]

"It is agreed that T or LL may bring the tenancy to an end on either 19/04/2011 or on 19/10/2011 by serving no less than two months written notice. For the avoidance of doubt this means that notice can be served no later than 19/02/2011 to end the Tenancy on 19/04/2011 and no later than 19/08/20011 to end the tenancy on 19/10/2011 and at no time in between"

It seems abit foolish, that I agreed a break clause on what i've been taught & trusting that the agents wouldn't try & pull a fast one! I guess you should always read the small print!

[Snorkerz]

Seems clear to me - you only have 2 possible 'end dates', 19th April or 19th October, and you must give 2 months notice for either of those.

Do I assume 19th October is the last day of the fixed term? In which case the 2 months notice is unenforceable, you need give no notice there.