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    • cvj1986
    • By cvj1986 11th Jul 17, 8:17 AM
    • 2Posts
    • 1Thanks
    cvj1986
    6 month break clause
    • #1
    • 11th Jul 17, 8:17 AM
    6 month break clause 11th Jul 17 at 8:17 AM
    Hello,
    I am looking for some advice on the break clause that we have in our rental agreement, just to confirm that I have understood it correctly. Unfortunately we need to move sooner than the 12 months due to sudden work changes.
    We moved into our current house on March 31st 2017 on a 12 month tenency with a 6 month break clause. The clause states: "
    Notwithstanding the fixed term stated in Clause 1 of the Main Terms of the Tenancy the Parties hereby agree that this Agreement may be terminated by either party giving to the other at least two months notice in writing, such notice not to expire until after six months of the start date of the Term. At the end of such notice the Tenancy shallend and all obligations and responsibilities shall cease; subject nevertheless to any claim by either Party against the other in respect of any breach of any of the terms and conditions of the Agreement Should the Tenancy be terminated on a date which is not the last day of a rental period then the Tenant’s obligation to pay rent shall cease on the termination date and the rent payment will be apportioned accordingly"

    The way I understand is that to end the tenency using the break clause, we can give our notice at 4 months (July 31st 2017) and the agreement will end at 6 months (September 30th 2017).
    Could anyone confirm that this is correct?
    Thank you in advance
Page 1
    • theartfullodger
    • By theartfullodger 11th Jul 17, 8:59 AM
    • 8,905 Posts
    • 11,757 Thanks
    theartfullodger
    • #2
    • 11th Jul 17, 8:59 AM
    • #2
    • 11th Jul 17, 8:59 AM
    Yes, believe so.

    HOW does the tenancy say notices must be served?

    It doesn't seem, by the way, to prevent you serving notice today to end tenancy end September.
    • saajan_12
    • By saajan_12 11th Jul 17, 9:09 AM
    • 779 Posts
    • 516 Thanks
    saajan_12
    • #3
    • 11th Jul 17, 9:09 AM
    • #3
    • 11th Jul 17, 9:09 AM
    Yep, sounds like you can give notice any time, to expire
    1) atleast 2 months after the date of serving the notice
    2) atleast 6 months after the start date of the tenancy

    To give yourself more flexibility, you may as well wait until 4 months in (in case plans change again) as it is unlikely that the LL will start to advertise much before then anyway. However you can give notice now / before then to get it out of the way.
    • cvj1986
    • By cvj1986 11th Jul 17, 2:06 PM
    • 2 Posts
    • 1 Thanks
    cvj1986
    • #4
    • 11th Jul 17, 2:06 PM
    • #4
    • 11th Jul 17, 2:06 PM
    Thank you for your replies. We have to give notice to the landlords address but I think I'll also send a copy to the letting agent.
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