Ending the tenancy

[dazedandconfused]

Hi, we signed a new, yearly, tenancy agreement in Feb 07 (this is the 2nd year of our tenancy); this agreement has a 6 month break clause which states: Either party may terminate this agreement by serving not less than TWO calendar months written notice, such notice may be served at any time but will not expire before the completion of the minimum term of SIX months has been completed from the date of commencement of the term hereof. On the expiry of such notice this agreement shall determine thereon but without any prejudice to any antecedent breach of the terms hereof by either party.

We love the house and have never given a moment's trouble to our landlords-unfortunately we keep coming home and finding him in our garden cutting down trees and such like so we're moving. Is there anyone out there that can confirm that we can give notice (for example) now and move out on July 31st (i.e. 6 months from commencement of AST agreement), or do we need to stay for six months and then give an additional two months notice?

Thanks

[Paragon]

You can leave at the end of the 6th month, providing your notice was given two months in advance. Watch the dates carefully for when your rent payment is due.

Why is the tree cutting problematic?

[dazedandconfused]

Thank you very much.
It's not so much the tree-cutting itself and more the fact that, as they live next door to us, they are constantly involving themselves a little too much. We've tried to put a more comfortable distance between us but to be honest I really don't like coming downstairs, on a separate occasion, and finding the landlord in the garden (there is a temporary structure separating our garden from theirs and he just removes it and lets himself in.)
If he actually told us he was intending to do this then fine, it's just the assumption that he can walk in whenever he likes and we have to, basically, put up with it.

Thanks for the into, very much appreciated.

[dazedandconfused]

You can leave at the end of the 6th month, providing your notice was given two months in advance. Watch the dates carefully for when your rent payment is due.

Paragon, could I ask...what did you mean about watch the dates carefully? Sorry if I'm being a little dense

[caroline7758]

See Jeffrey's reply to fernygurny's post just above yours- sorry, couldn't get the link to work!

[Poppy35]

surely Housing Law operates over contractural law and therefore tenant only has to give one months notice? and in fact if tenancy has a start date and an end date on it then tenant does in fact not have to give any notice at all?

is this correct?

[Poppy35]

surely Housing Law supersedes contractural terms and thus only one months notice is required by the tenant. Also if there is a start date and an end date on the contract then no notice in fact needs to be given?

[Paragon]

surely Housing Law operates over contractural law and therefore tenant only has to give one months notice? and in fact if tenancy has a start date and an end date on it then tenant does in fact not have to give any notice at all?

is this correct?

I thought the OP stated he had a yearly contract with a six month breakclause (Early termination clause).

I believe the Housing Law states minimum one month's notice. Most LL in my area are now asking for two months notice in the contract. I don't know if this has been tested in court though.

[jeffrey]

I thought the OP stated he had a yearly contract with a six month breakclause (Early termination clause).

I believe the Housing Law states minimum one month's notice. Most LL in my area are now asking for two months notice in the contract. I don't know if this has been tested in court though.

Yes; if letting is for a year, whether as new letting or as a tenancy renewal, it is a letting governed by Tenancy Agreement. This allows either party to give two months' Notice to end it during any year (but not to take effect during first six months of year), so what is problem?