Break clause

[Affinity]

Hello,

Could you let me know if the notice can be served at any point once the first six months period has expired, please.

Here in details my scenario:

I am the landlord. AST agreement with tenants started on 1st September 11 (1 year contract) with a break clause after 6 months (end of February).

Could I serve my two months notice at any point from now? Could I wait two or three more months? Or does it have to be served at the end of the first six months?

Hope this is clear.

Many thanks in advance.

[westminster]

Please quote the exact wording of the break clause.

[Affinity]

Here it is.

Mutual Break Clause:
Any time after 6 months of the initial commencement date of this tenancy (or after a similar period following a fixed term extension to the original tenancy) either party may invoke this break clause by providing a minimum of two months written notice to the other (such notice to expire on the last day of a rental period of the tenancy). At the end of such notice the tenancy shall end and all obligations and responsibilities shall cease; subject nevertheless to any claim by either party against the other in respect of any breach of any of the terms and conditions of the agreement.

[RJD]

Are you stating that you want possession at the earliest possible time? Usually if the break clause is correct you can serve the notice at anytime during the tenancy. The key will be when the 2 months notice is effective from thus providing you with a termination date. For instance you can serve the notice in month 3 of the tenancy but the notice does not commence until the commencement of the 7th month of the tenancy.

[LesleyAnne]

tenanttrouble, I am sure Mods will catch up with your shortly, but joining here and using a link to your own website for your user name as a masked attempt at advertising your services, is against forum rules.

Thanks for your input ...

[RJD]

tenanttrouble, I am sure Mods will catch up with your shortly, but joining here and using a link to your own website for your user name as a masked attempt at advertising your services, is against forum rules.

Thanks for your input ...

Agreed - will ask mods to change my username - apologies none intentional.

[Moderator2]

A message has been sent to the forum Admin, I can’t change user-names, my only option is to ban.

[Lawcruncher]

Could I serve my two months notice at any point from now? Could I wait two or three more months? Or does it have to be served at the end of the first six months?

The clause starts "At any time after 6 months..." Once the 6 months has expired you can choose when to serve your notice.

[mariner]

The break clause is slightly misleading by stating-
"At the end of such notice the tenancy shall end and all obligations and responsibilities shall cease;"
Break clause activation does not bring T to end, it merely reverts to SPT, requiring additional Notice of Intent (vacate (T) or seek repo (LL) and LL is still required to get Court order for repo.

[Lawcruncher]

Break clause activation does not bring T to end...

Actually it does. The fixed term ends on expiry of the notice. If the tenant remains in occupation (and all other necessary conditions are fulfilled) a statutory periodic tenancy which is an entirely new tenancy starts.

Where the tenant may be misled is if he believes he is obliged to leave when the notice expires, but that is no different from a tenant believing that he has to leave when a fixed term has run its full course.