AST Break clause

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  • westminster
    replied
    Originally posted by andeggs View Post
    The term is a fixed term of 12 months from 7th July 2012.

    One of the contract terms is that "Either party can break this agreement after six months by giving 2 months notice".

    Does that mean that the notice may be given at any point after 4 months? Or can the notice only be given after 6 months, meaning the break may only come after 8 months?
    I agree with the others that the break is 'after six months', so the notice cannot expire earlier than 7th January 2013. In any case, according to the contra proferentem rule, ambiguity in a contract 'will be construed against the party that imposed its inclusion in the contract – or, more accurately, against the interests of the party who imposed it'.

    Even though the clause doesn't require it, you should put your notice in writing and serve it on the landlord.

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  • andeggs
    replied
    Thanks Snorkerz, that's great to know!

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  • Snorkerz
    replied
    I would agree with MSaxp - it does not say the notice can only be given after 6 months, it says the tenancy can be broken after that period.

    Either party can break this agreement by giving 2 months notice after six months would be different.

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  • andeggs
    replied
    Yes, that's the full wording.

    Many thanks for your speedy reply. That's what we thought as well, but we wanted to have a second opinion.

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  • MSaxp
    replied
    The full wording of the break clause is "Either party can break this agreement after six months by giving 2 months notice"?

    If, so it sounds as if a 10 year old drafted the agreement. I would say that the 6 months apply to the end of the tenancy and not the notice. That is only based on the sentence you typed above

    Leave a comment:


  • andeggs
    started a topic AST Break clause

    AST Break clause

    Hi, I hope that someone can help me.

    I am the tenant of an assured shorthold tenancy. The term is a fixed term of 12 months from 7th July 2012.

    One of the contract terms is that "Either party can break this agreement after six months by giving 2 months notice".

    Does that mean that the notice may be given at any point after 4 months? Or can the notice only be given after 6 months, meaning the break may only come after 8 months?

    Any help would be appreciated.

    Thanks

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