Break clause written incorrectly . Can I still serve the notice?

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  • thesaint
    replied
    What does the break clause say?
    Also, 60 days does not = 2 months

    Leave a comment:


  • Break clause written incorrectly . Can I still serve the notice?

    I am a land lord ( inexperienced )and I need to terminate 12 months shorthold tenancy agreement and ask my tenants to leave because they overcrowding the property .

    I copied the tenancy agreement in which there was a clouse “Either party shall have the right to terminate this agreement by giving the other party not less than 60 days’ advance written notice. This notice can only expire after the first six months of the Tenancy.”
    Being very new to all this business I decided to change this clouse and I left only the first part of it , thinking that it might give me the right to terminate the contract at any time as long as 2 months notice given, I now know it is not the case. But can I still serve the notice after 6 months? One lady in our local counscil thinks that I might be able to but as the clause as it is written is incorrect because as the minimum assured shorthold tenancy is 6 months, she thinks that should be stated explicitly for the benefit of the tenant. She thinks that this omission might invalidates the clause . Does it or does it not? Do I really need to take a legal advice on this ? Many Thanks

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