Wording regarding 6 months Breakclause

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  • Wording regarding 6 months Breakclause

    Can anyone tell me how to write in a breakclause?

    Can I write an AST contract as
    A. 12months term, with a breakclause from months 6
    or
    B. 12 month term, with a breakclause at month 6

    Or are these much of the same ?

    I am trying to ensure my tenant and I can give notice at anytime from month 6 with 2 months or 1 month respectively

  • #2
    Why not just offer a 6 month fixed term AST. It automatically morphs into Stat Periodic T after 6th month (fixed period) with the Notice periods for LL & T you desire, and hope T stays for 12+ months? (Min 6 months)
    There can be confusion over Break Clause wording/interpretation.
    IMO a 6 month break clause does not give LL or T to give Break Notice at any time after 6 months.
    SPT requires LL to give 2 months Notice requiring Possession or T 1 month Notice of Intention to vacate.

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    • #3
      Neither of the above options is a break clause. Both just suggest that there is a break clause somewhere further down the agreement, imo.

      Originally posted by mariner View Post
      IMO a 6 month break clause does not give LL or T to give Break Notice at any time after 6 months.
      It all depends on the wording of the clause!

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      • #4
        I will include notice period which would say:
        2 months notice from LL
        1 months notice from T

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