Break Clause after tenancy renewal

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    Break Clause after tenancy renewal

    My girlfriend and I recently agreed to renew our tenancy agreement for another year, but due to a grandparent selling their home we have been given money for a deposit and are therefore looking at buying as soon as possible.

    How does the break clause work after renewing a tenancy? The actual wording in the agreement is:

    Tenants break clause
    The Tenant shall have the right to terminate the tenancy no earlier than at the expiry of the first twelve month period and at any time thereafter by giving to the Landlord not less than two months notice in writing to that effect and upon the expiration of such Notice this Agreement and everything herein contained shall cease and be void subject nevertheless to the right of the parties in respect of any antecedent breach of any of the covenants herein contained. The period of two months notice must expire at the end of a period of the tenancy being the 1st of the month.


    Nowhere in the contract does it define what the initial twelve month period is, though it does define the term as 'the period 02/02/2015 to 01/02/2016 and any extension to this'. This was the same wording as our initial contract but with different dates.

    As we have already served one twelve month period, and are three months in to our second, does this mean the initial twelve month period has passed, or does this mean twelve months from the renewal period? There doesn't appear to have been any changes to the contract from the initial one that we signed - the rent has remained the same and the only difference is the date the tenancy runs until.

    Many thanks for any advice you can give

    #2
    The new agreement replaces the previous one entirely.

    The clause isn't actually a break clause at all and, as far as I can see, means you have made a new 12 month agreement.

    The clause also has no value to either party if your agreement is in England or Wales as it is not valid.
    After the initial 12 months, you have to give 1 month's notice ending on the 1st of the month.

    I would suggest that if you left the property on 1/2/2016 (exactly), even giving no notice at all, there would be little the landlord could do about it.

    Your landlord and you can reach any agreement you mutually agree to end the tenancy early - but the landlord doesn't have to agree.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

    Comment


      #3
      Was the renewal a complete new signed AST with break clause as above, or simply an email or a4 sheet from agent so he could charge landlord & tenant fees?? If the latter, maybe...
      I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

      Comment


        #4
        "Initial" must refer to the first 12 months of the tenancy to which the agreement in question refers. If the renewal was expressed to be on the same terms as the first tenancy then the clause is carried over; if it was not then it is not. Either way, the question is academic because a right to break which cannot be exercised before the fixed term ends is no right to break at all.

        The clause is badly drafted. It starts off by providing that the tenancy can be terminated "at any time" [after the first 12 months] but then goes on to specify the date on which the notice must expire. It is possible it was included as a way of requiring the tenant to give two months' notice after the fixed term expires. If that was the case it fails to achieve its purpose.

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