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  • FIRST POST
    • Vincent-rew
    • By Vincent-rew 13th Mar 17, 9:09 PM
    • 16Posts
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    Vincent-rew
    Ending a tenancy before the end of agreement
    • #1
    • 13th Mar 17, 9:09 PM
    Ending a tenancy before the end of agreement 13th Mar 17 at 9:09 PM
    Never had to do this so I am unsure on how to go about it

    My partner and I are in a position to buy so want to leave out rented accommodation, ideally I would like to do such and not have deposit effected cause of this.

    In our contract there is an addendum that states either party has the right to terminate the tenancy after the first six months as long as they give Two months notice

    I will try and get the exact wording if needed but does this mean after 6 months (this April) we can in effect give two months notice and not be charged for breaking contract ?
Page 1
    • G_M
    • By G_M 13th Mar 17, 9:43 PM
    • 39,242 Posts
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    G_M
    • #2
    • 13th Mar 17, 9:43 PM
    • #2
    • 13th Mar 17, 9:43 PM
    Probably.

    But without the exact wording, how do we know?
    • Vincent-rew
    • By Vincent-rew 13th Mar 17, 10:38 PM
    • 16 Posts
    • 4 Thanks
    Vincent-rew
    • #3
    • 13th Mar 17, 10:38 PM
    • #3
    • 13th Mar 17, 10:38 PM
    Fair point

    The exact wording is

    Addendum
    1. The landlord shall have the right to terminate the Tenancy at the end of the first six month period by giving the Tenant 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 the antecedent breach of any covenants herein contained. The period of TWO MONTHS notice must expire on the rent day.
    2. The tenant shall have the right to terminate the tenancy at the end of the first six month period by giving the Landlord not less than TWO MONTHS notice, this agreement and everything herein contained, shall cease and be the void subject, nevertheless, to the right of the parties in respect of any antecedent breach of any of the covenants herin contained, The period of TWO MONTHS notice must expire on the rent day.
    • AnotherJoe
    • By AnotherJoe 13th Mar 17, 11:16 PM
    • 6,295 Posts
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    AnotherJoe
    • #4
    • 13th Mar 17, 11:16 PM
    • #4
    • 13th Mar 17, 11:16 PM
    I read that as meaning either party can give notice at 4 months in at the latest, so the period expires at 6 months. NOT that after six months is up it then reverts to 2 months going forward.
    • G_M
    • By G_M 14th Mar 17, 2:39 PM
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    G_M
    • #5
    • 14th Mar 17, 2:39 PM
    • #5
    • 14th Mar 17, 2:39 PM
    I assume it is a 12 month contract. Though it could be 18, 24 or indeed any other number of months.

    Assuming 12 months, there are three possibilites:

    1) leave after 12 months when the tenancy ends

    2) leave after (exactly) 6 months, by ending the tenancy at that point, having served notice at, or before, the 4 month point.

    3) leave at any other time, by reaching a negotiated agreement with the landlord,to surrender the tenancy whenever you both agree.
    • Vincent-rew
    • By Vincent-rew 14th Mar 17, 9:16 PM
    • 16 Posts
    • 4 Thanks
    Vincent-rew
    • #6
    • 14th Mar 17, 9:16 PM
    • #6
    • 14th Mar 17, 9:16 PM
    Yeah it's a 24 month contract

    So if we don't leave after 6 months we have to wait unless we agree a end with our landlord
    • G_M
    • By G_M 14th Mar 17, 9:21 PM
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    G_M
    • #7
    • 14th Mar 17, 9:21 PM
    • #7
    • 14th Mar 17, 9:21 PM
    Yeah it's a 24 month contract

    So if we don't leave after 6 months we have to wait unless we agree a end with our landlord
    Originally posted by Vincent-rew
    If you don't leave AT 6 months, you are left with 2 options thereafter:

    1) leave after 24 months when the tenancy ends

    2) leave at any other time, by reaching a negotiated agreement with the landlord,to surrender the tenancy whenever you both agree.
    • agrinnall
    • By agrinnall 14th Mar 17, 9:27 PM
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    agrinnall
    • #8
    • 14th Mar 17, 9:27 PM
    • #8
    • 14th Mar 17, 9:27 PM
    If the interpretations of the clause are correct then you can't use it to leave in April because you would have needed to give your 2 months notice by the appropriate date in February, which you didn't. However, I have to wonder whether the intention of the clause is different to the literal meaning, it seems a bit odd to me to have a single break point at 6 months in a 24 month tenancy. I suspect that the intention may have been that the 2 months notice can be given at any point after 6 months, but it's been badly written. A discussion with your landlord may clarify things, hopefully to your advantage.
    • G_M
    • By G_M 14th Mar 17, 9:57 PM
    • 39,242 Posts
    • 44,583 Thanks
    G_M
    • #9
    • 14th Mar 17, 9:57 PM
    • #9
    • 14th Mar 17, 9:57 PM
    If the interpretations of the clause are correct then you can't use it to leave in April because you would have needed to give your 2 months notice by the appropriate date in February, which you didn't. However, I have to wonder whether the intention of the clause is different to the literal meaning, it seems a bit odd to me to have a single break point at 6 months in a 24 month tenancy. I suspect that the intention may have been that the 2 months notice can be given at any point after 6 months, but it's been badly written. A discussion with your landlord may clarify things, hopefully to your advantage.
    Originally posted by agrinnall
    perhaps, but not necessarily.

    Many LL's, and tenants, seek security. LLs don't want their tenants leaving (unless they're rubbish tenants), and tenants don't want to be evicted.

    Hence a fixed 24 month contract, giving both sides certainty.

    The 6 month Break Clause gives an opportunity for each side to 'suss out' the other: is he a good landlord? is he a good tenant? If all goes well in the first 6 months, then the next 18 months are secured.
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