6 month break clause Question??

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  • 6 month break clause Question??

    I would really appreciate if anyone can help! I have entered into a 12 month AST with an awful tenant. Fortunately there is a break clause at 6 months by either party giving 1 months notice. I am confused as to whether this means notice at 5 months ie. they move out at 6 months. Or notice at 6 months and they move out at 7 months?? Last time I sign a 12 month agreement anyway!!!

  • #2
    The notice you give MUST be two months. Even with a break clause so either way its wrong. As I understand it if there is any ambiguity with regards to the dates its invalid.

    Moral is, Don't sign a tenant up for 12 months!
    GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!!

    Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!

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    • #3
      Originally posted by justaboutsane View Post
      The notice you give MUST be two months. Even with a break clause so either way its wrong. As I understand it if there is any ambiguity with regards to the dates its invalid.

      Moral is, Don't sign a tenant up for 12 months!
      Thanks for that. I have defininitely learnt my lesson re. 12 month agreements! Still want to try and use break clause - if 2 months notice, my questions still stands - should this be given at 6 months so they are there minimum 8 months or can it be given at 4 months so they move out at 6 months?

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      • #4
        Ok its Saturday and you could be hungover.... The answer was in my post. AS far as I am aware any ambiguity on the dates means that the break clause is invalid.
        GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!!

        Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!

        Comment


        • #5
          I suggest you copy the exact wording of the break clause and let forum members see what it says.

          Although JAS has suggested it's invalid doesn't mean you can't ASK your tenant to leave, but it might mean that if the tenant doesn't go you won't be able to enforce the move through the courts.

          So stick up the clause as well as the date the tenancy started, see what people have to say on the exact wording, and take it from there.

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          • #6
            Originally posted by Surrey View Post
            I suggest you copy the exact wording of the break clause and let forum members see what it says.

            Although JAS has suggested it's invalid doesn't mean you can't ASK your tenant to leave, but it might mean that if the tenant doesn't go you won't be able to enforce the move through the courts.

            So stick up the clause as well as the date the tenancy started, see what people have to say on the exact wording, and take it from there.
            Thanks. Exact wording is as follows : This agreement is for a fixed term of 12 months, however there is to be a break clause at 6 months for either party giving at least one month’s notice. Tenancy start date 1st December.

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            • #7
              Originally posted by pkn70 View Post
              Thanks. Exact wording is as follows : This agreement is for a fixed term of 12 months, however there is to be a break clause at 6 months for either party giving at least one month’s notice. Tenancy start date 1st December.
              IF that's the only relevant wording, it seems to state (not too clearly!) that:
              a. either party can end letting;
              b. the break point is at six months from start;
              c. the at-least-one-month Notice can be served at any time (but, if served within the first five months, would not take effect until the six-month point).

              However, I cannot be sure because:
              Query 1: What is meant by "there is TO BE A BREAK CLAUSE"? Does it mean "there is a right to break"?
              Query 2: What is meant by "FOR EITHER PARTY GIVING"? Does it mean that there is a right to break "which either party can exercise by giving"?
              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.
              3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
              4. *- Contact info: click on my name (blue-highlight link).

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