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  • FIRST POST
    • Chickenman1108
    • By Chickenman1108 29th Nov 17, 7:07 AM
    • 28Posts
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    Chickenman1108
    Break Clause
    • #1
    • 29th Nov 17, 7:07 AM
    Break Clause 29th Nov 17 at 7:07 AM
    Hi Everyone

    Just a quick question about the 6 month break clause in my tenancy agreement.
    I renewed my tenancy for another 12 months on the 17th October this year.
    I have a 6 month break clause with a 2 month notice period.
    Does this mean that I can give two month's notice in February (month 4) with a view to ending the tenancy and moving out in April?
    Or does it mean that once I reach the 6 month point (in April) I can then give my notice?
    I'm a bit confused.
    Thanks for any help
Page 1
    • bowlhead99
    • By bowlhead99 29th Nov 17, 7:37 AM
    • 6,988 Posts
    • 12,583 Thanks
    bowlhead99
    • #2
    • 29th Nov 17, 7:37 AM
    • #2
    • 29th Nov 17, 7:37 AM
    Read the terms again or post them here. Typically you have to do at least 6 months which means you can do almost 4 months then give notice of at least two full rent periods that you want to quit at the end of the 6th rent period.

    So the clause would say you have to give notice expiring at the end of 6 months, which means you give it before the 5th rent period starts so that it expires at end of the 6th.

    If you had to do 6 months and *then* give notice (meaning you had the tenancy 8 months total) it would be an 8-month break clause because you would have the rights and obligations 8 months before the contractual relationship could be broken.
    • fly53
    • By fly53 29th Nov 17, 8:25 AM
    • 46 Posts
    • 1 Thanks
    fly53
    • #3
    • 29th Nov 17, 8:25 AM
    • #3
    • 29th Nov 17, 8:25 AM
    ive had the same thing. tho people on here helped alot.

    why is it that agents seem to purposfully leave break clause legislation often open to interpretation for either side?
    • davidmcn
    • By davidmcn 29th Nov 17, 8:29 AM
    • 6,259 Posts
    • 6,037 Thanks
    davidmcn
    • #4
    • 29th Nov 17, 8:29 AM
    • #4
    • 29th Nov 17, 8:29 AM
    Just a quick question about the 6 month break clause in my tenancy agreement...
    I'm a bit confused.
    Originally posted by Chickenman1108
    So will we be, unless you tell us what the clause actually says!
    • Chickenman1108
    • By Chickenman1108 29th Nov 17, 8:42 AM
    • 28 Posts
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    Chickenman1108
    • #5
    • 29th Nov 17, 8:42 AM
    • #5
    • 29th Nov 17, 8:42 AM
    Hi guys. Sorry, I should've included the wording.

    Here it is:

    Tenancy Break Clause
    7.11.1 Both parties shall have the right to terminate the tenancy at the end of the
    first six month period by giving to 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 any antecedent
    breach of any of the covenants herein contained. The period of notice must
    expire at the end of a period being on the (17th) of a month.
    • G_M
    • By G_M 29th Nov 17, 12:13 PM
    • 42,269 Posts
    • 49,096 Thanks
    G_M
    • #6
    • 29th Nov 17, 12:13 PM
    • #6
    • 29th Nov 17, 12:13 PM
    Seems very clear apart from the 'period' bit
    Tenancy Break Clause
    7.11.1 Both parties shall have the right to terminate the tenancy at the end of the
    first six month period by giving to not less than two months notice in
    writing to that effect........

    The period of notice must
    expire at the end of a period being on the (17th) of a month.
    Originally posted by Chickenman1108
    You can give notice on/before the last day of the 4th month, to leave at the end of the 6th month.

    So yes, serve notice on /before 17/2/18.

    "...at the end of a period" should really read "at the end of a rent period", howver the inclusion of the precise date clarifies the intent.

    I assume your tenancy started on 18th October 2017? And/or your rent payments cover 18th - 17th each month (not necessarily the same).
    • Chickenman1108
    • By Chickenman1108 29th Nov 17, 1:13 PM
    • 28 Posts
    • 0 Thanks
    Chickenman1108
    • #7
    • 29th Nov 17, 1:13 PM
    • #7
    • 29th Nov 17, 1:13 PM
    Hi,
    Thanks for that. I thought that was probably the case but I just wanted to check.
    What would I do without these forums? :-)

    Thanks again everyone
    • 00ec25
    • By 00ec25 29th Nov 17, 2:01 PM
    • 5,557 Posts
    • 4,948 Thanks
    00ec25
    • #8
    • 29th Nov 17, 2:01 PM
    • #8
    • 29th Nov 17, 2:01 PM
    Seems very clear apart from the 'period' bit
    You can give notice on/before the last day of the 4th month, to leave at the end of the 6th month.

    So yes, serve notice on /before 17/2/18.

    "...at the end of a period" should really read "at the end of a rent period", howver the inclusion of the precise date clarifies the intent.
    Originally posted by G_M
    "...at the end of a period"

    I think most (?) would see that to refer back to the requirement that the notice period must be 2 months long. Therefore, the notice must end on the 17th of any month and commence (at least) 2 months before the 17th, no other end date is permitted.
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