Break clause - an exact date or any time after 6 months?

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  • Break clause - an exact date or any time after 6 months?

    Hi,

    I was hoping someone "in the know" could look at the wording of the break clause in my contract and explain something to me: do I need to give notice exactly at the 6 month point during the tenancy, or at any time after 6 months?

    My tenancy started on 02 June 2007 - 12 months with a 6 month break clause.

    The contract states:
    Notwithstanding the provisions contained earlier in this agreement, relating to the term of the tenancy the landlord agrees that the tenant shall have the right to terminate the tenancy after the first six months of the tenancy has elapsed by giving to the landlord not less than two months notice in writing to end the agreement. The notice must expire at the end of a relevent period of the tenancy which is the day the rent normally falls due. To avoid any doubt between the parties it is agreed that the notice period cannot commence any earlier than 2nd December 2007. Upon expiry of the notice this agreement shall cease except that the landlord and the tenant can pursue their legal remedies against the other for any greach of any pre-existing rights under the agreement apart from the pre-existing right to a fixed term contract which is subject to this break clause.

    Any ideas? I'm pretty sure it's any time after 6 months, but I just thought I'd make sure (paranoid).

    cheers,

    Ponch

  • #2
    I agree with you. You can now give a minimum two months written notice at any time, which must expire on a rent day.

    You are entitled to leave when the fixed term expires without any notice at all, (although it would be not be polite to do so).
    All posts in good faith, but do not rely on them

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    • #3
      Thanks Bel

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      • #4
        Originally posted by Bel View Post
        I agree with you. You can now give a minimum two months written notice at any time, which must expire on a rent day.
        "At any time"?
        No. T must comply with the clause, so cannot terminate during first six months- irrespective of date when Notice is served.
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
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        • #5
          Originally posted by jeffrey View Post
          "At any time"?
          No. T must comply with the clause, so cannot terminate during first six months- irrespective of date when Notice is served.
          Excuse me; I meant any time from now on!!

          So unless you can time-travel ....
          All posts in good faith, but do not rely on them

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