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    • AAconfused
    • By AAconfused 10th Oct 17, 7:03 AM
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    AAconfused
    Meaning of invoke
    • #1
    • 10th Oct 17, 7:03 AM
    Meaning of invoke 10th Oct 17 at 7:03 AM
    When a valid break notice is given by a tenant and received by the landlord, the tenancy ends automatically at the end of the notice period. So what is the meaning of the term "invoke this break clause". Does it mean when the notice is given, or does it mean when the break occurs, or can it be either, or something else ?
Page 1
    • mrginge
    • By mrginge 10th Oct 17, 7:34 AM
    • 4,298 Posts
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    mrginge
    • #2
    • 10th Oct 17, 7:34 AM
    • #2
    • 10th Oct 17, 7:34 AM
    Please post the full text.
    • AAconfused
    • By AAconfused 10th Oct 17, 8:34 AM
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    AAconfused
    • #3
    • 10th Oct 17, 8:34 AM
    • #3
    • 10th Oct 17, 8:34 AM
    Sorry but I'm not asking what it means in a particular context.
    • LandyAndy
    • By LandyAndy 10th Oct 17, 8:39 AM
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    LandyAndy
    • #4
    • 10th Oct 17, 8:39 AM
    • #4
    • 10th Oct 17, 8:39 AM
    Invoke means to activate/make use of the clause. So it will be when the tenant gives notice under it.
    • Comms69
    • By Comms69 10th Oct 17, 9:58 AM
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    Comms69
    • #5
    • 10th Oct 17, 9:58 AM
    • #5
    • 10th Oct 17, 9:58 AM
    Sorry but I'm not asking what it means in a particular context.
    Originally posted by AAconfused
    Then it can mean lots of things. Or the break clause could be invalid for lots of reasons.


    I'd say it was invoked when notice was served; but without the full wording I wouldn't rely on that.
    • davidmcn
    • By davidmcn 10th Oct 17, 10:12 AM
    • 6,249 Posts
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    davidmcn
    • #6
    • 10th Oct 17, 10:12 AM
    • #6
    • 10th Oct 17, 10:12 AM
    Sorry but I'm not asking what it means in a particular context.
    Originally posted by AAconfused
    Then why are you asking?
    I'm not aware of it having any special legal meaning otherwise. But going by the normal dictionary definition, you would invoke a break by serving notice.
    • Doozergirl
    • By Doozergirl 10th Oct 17, 10:32 AM
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    Doozergirl
    • #7
    • 10th Oct 17, 10:32 AM
    • #7
    • 10th Oct 17, 10:32 AM
    To invoke the break clause means to use it under the terms of the contract.

    You would invoke it by giving notice.
    Everything that is supposed to be in heaven is already here on earth.
    • 00ec25
    • By 00ec25 10th Oct 17, 10:36 AM
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    00ec25
    • #8
    • 10th Oct 17, 10:36 AM
    • #8
    • 10th Oct 17, 10:36 AM
    you have a contract that has 2 options:
    a) let the contract run for its full term
    or
    b) use the break clause to end the contract earlier

    if you select the option to use the break clause then you have "invoked" it because you are using it - the mechanism by which you invoke it is contained in the wording of the break clause: "by serving notice"
    • AAconfused
    • By AAconfused 10th Oct 17, 11:49 AM
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    AAconfused
    • #9
    • 10th Oct 17, 11:49 AM
    • #9
    • 10th Oct 17, 11:49 AM
    Ok thanks all for clarifying.

    So what happens in a situation where the landlords agent insists that a break clause allows a break at the end of month eight at the earliest. But you can't invoke the break clause by creating a notice that gives two months notice after six months. It's not possible. Either it won't be after six months or it won't be two months notice.
    • G_M
    • By G_M 10th Oct 17, 11:52 AM
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    G_M
    Ok thanks all for clarifying.

    So what happens in a situation where the landlords agent insists that a break clause allows a break at the end of month eight at the earliest. But you can't invoke the break clause by creating a notice that gives two months notice after six months. It's not possible. Either it won't be after six months or it won't be two months notice.
    Originally posted by AAconfused
    I thought you said earlier:
    Sorry but I'm not asking what it means in a particular context.
    This seems like a "particular context."!

    To get a precise answer you need to quote the precise words in the tenancy agreement, not your vague statement.

    In legal matters, precise words matter!
    • 00ec25
    • By 00ec25 10th Oct 17, 12:03 PM
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    00ec25
    Ok thanks all for clarifying.

    So what happens in a situation where the landlords agent insists that a break clause allows a break at the end of month eight at the earliest. But you can't invoke the break clause by creating a notice that gives two months notice after six months. It's not possible. Either it won't be after six months or it won't be two months notice.
    Originally posted by AAconfused
    nonsense

    you are so fixated on the word "invoke" you don't understand what the break clause is doing

    it is invoked the moment you choose to use the option to break the contract via a break clause. The notice period is nothing to do with the invocation.
    • Comms69
    • By Comms69 10th Oct 17, 12:05 PM
    • 1,227 Posts
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    Comms69
    Exactly 5 hours after the OP posted and only now do we get a hint of the problem....


    Literally could've handwritten the clause in calligraphy, photographed it, uploaded it and linked it here; and had an answer in the time!
    • AAconfused
    • By AAconfused 10th Oct 17, 1:01 PM
    • 6 Posts
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    AAconfused
    Ok thanks guys. A bit harsh just because I wanted to ask the questions my way instead of your way.
    • Comms69
    • By Comms69 10th Oct 17, 1:07 PM
    • 1,227 Posts
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    Comms69
    Ok thanks guys. A bit harsh just because I wanted to ask the questions my way instead of your way.
    Originally posted by AAconfused


    Free legal advice and you complain....


    (and still no actual clause quoted)
    • mrginge
    • By mrginge 10th Oct 17, 1:22 PM
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    mrginge
    This thread is a waste of everybody’s time
    • G_M
    • By G_M 10th Oct 17, 1:26 PM
    • 42,255 Posts
    • 49,059 Thanks
    G_M
    This thread is a waste of everybody’s time
    Originally posted by mrginge
    especially in light of his earlier thread on the same subject!

    http://forums.moneysavingexpert.com/showthread.php?p=73144566#post73144566

    (with the OP in that thread deleted!)
    • AAconfused
    • By AAconfused 10th Oct 17, 2:53 PM
    • 6 Posts
    • 0 Thanks
    AAconfused
    Free legal advice and you complain....

    )
    Originally posted by Comms69
    Legal advice - really!!
    So you are a practising solicitor then .
    • Comms69
    • By Comms69 10th Oct 17, 3:08 PM
    • 1,227 Posts
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    Comms69
    Legal advice - really!!
    So you are a practising solicitor then .
    Originally posted by AAconfused

    No, but neither are most CAB workers, ACAS helpline operators, Union reps or indeed most people you take advice from.


    Feel free to take your question to a practicing solicitor specialising in housing and tenancy law. I'm sure that it's simpler to pay £200 than type out a few sentences....


    - some people....
    • davidmcn
    • By davidmcn 10th Oct 17, 3:09 PM
    • 6,249 Posts
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    davidmcn
    Legal advice - really!!
    So you are a practising solicitor then .
    Originally posted by AAconfused
    Some of us are practising solicitors (not that any of us need to be in order to answer queries here).
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