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  • FIRST POST
    • TeeBee1234
    • By TeeBee1234 2nd Jan 18, 11:44 PM
    • 2Posts
    • 0Thanks
    TeeBee1234
    Does 6 months break clause guarantee no early release fines?
    • #1
    • 2nd Jan 18, 11:44 PM
    Does 6 months break clause guarantee no early release fines? 2nd Jan 18 at 11:44 PM
    Hi all,

    A question (of course).... If my 12 months tenancy agreement has a six months break clause, that says I can cancel with no less than 2 months notice once the six months period is over, will I still have to pay any early release fines?

    I'm not sure from the agreement if these only apply if I didn't follow correct procedure (e.g. didn't give 2 months notice) or if they will always apply if I leave earlier than 12 months? I've included the exact wording below as well, any advice on this would be greatly appreciated.

    "Tenant Break
    After expiration of the 6 months break clause, no less than two calendar months’ notice served at any time of the Tenancy, such notice must expire on the last day of a rent period.

    Early Release Clause
    In the event of unforeseen circumstances, the tenant can request to end the tenancy prior to the agreed fixed term. The consent of the landlord is required as this is a breach of contract, and any financial loss to the landlord will be paid by the tenants."
Page 1
    • Cakeguts
    • By Cakeguts 2nd Jan 18, 11:46 PM
    • 3,518 Posts
    • 4,866 Thanks
    Cakeguts
    • #2
    • 2nd Jan 18, 11:46 PM
    • #2
    • 2nd Jan 18, 11:46 PM
    What on earth is an early release fine?
    • 00ec25
    • By 00ec25 2nd Jan 18, 11:57 PM
    • 5,760 Posts
    • 5,213 Thanks
    00ec25
    • #3
    • 2nd Jan 18, 11:57 PM
    • #3
    • 2nd Jan 18, 11:57 PM
    as ever a poorly worded contract

    so you can serve the notice at any time of the tenancy - that means at any time between day 1 and the start of month 4 to thus leave at the end of month 6 as that is the first rent period at which you can leave having served (at least) the required 2 months notice period. Thereafter, the wording does make it clear that it is a rolling 2 months notice from month 6 to month 11. Obviously the contract ends at month 12 so no notice needed for that

    the early release clause fails to directly address if it actually applies if the break clause has been correctly invoked.
    Therefore a court would award in favour of the tenant, as they did not write the contract so get the benefit of the doubt.
    The LL presumably certainly intended the release clause to make it clear that if you go before 12 months then you must cover his costs as listed, however, it is ambiguous if that applies to the break clause, or merely to a request due to unforeseen circumstances outside of the terms of the break clause. As it does not expressly state when the break clause is used the tenant will pay, then a court would mostly likely say the tenant does not have to pay when using the break clause.
    Last edited by 00ec25; 03-01-2018 at 12:10 AM.
    • Mutton Geoff
    • By Mutton Geoff 3rd Jan 18, 12:01 AM
    • 1,029 Posts
    • 1,094 Thanks
    Mutton Geoff
    • #4
    • 3rd Jan 18, 12:01 AM
    • #4
    • 3rd Jan 18, 12:01 AM
    You should be able to give two months notice at 4 months to exit at the end of six months. Not wait until six months before you serve notice.
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    • theartfullodger
    • By theartfullodger 3rd Jan 18, 8:29 AM
    • 9,227 Posts
    • 12,243 Thanks
    theartfullodger
    • #5
    • 3rd Jan 18, 8:29 AM
    • #5
    • 3rd Jan 18, 8:29 AM
    Until it gets to court the validity and/or meaning of any break clause is of course unclear... so regarding
    Does 6 months break clause guarantee no early release fines?
    f k....

    - and anyway we/you/anyone don't know if the tenant will execute the break clause & then serve his notice correctly - so
    guarantee...
    , certainly not!
    • Comms69
    • By Comms69 3rd Jan 18, 10:08 AM
    • 1,742 Posts
    • 1,591 Thanks
    Comms69
    • #6
    • 3rd Jan 18, 10:08 AM
    • #6
    • 3rd Jan 18, 10:08 AM
    Can we stop calling them fines too.


    Courts issue fines.
    • TeeBee1234
    • By TeeBee1234 5th Jan 18, 10:19 AM
    • 2 Posts
    • 0 Thanks
    TeeBee1234
    • #7
    • 5th Jan 18, 10:19 AM
    • #7
    • 5th Jan 18, 10:19 AM
    Thanks so much for the advise everyone, I thought it sounded unclear, so thanks very much for clarifying how this would be handled.

    Will watch out in future to avoid this!
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