Breakclause in AST?

lilmissdebt

Hello all, newbie here mainly for the debt free board but i have a renting question first!

me and my partner signed a 12 month ast in december 2008 reviewing all finances etc recently we have decided to move back into my owned property.. (tenant not been paying rent so being evicted, rental prices in area were property is fallen etc)

my tenants notice expires on 9th april but im aware they are waiting for council help and will be advised to stay until actual eviction so not expecting property to be ready until june ish time..

now for my question!

our ast states the following under special tenancy conditions:

Notwithstanding the fixed term of this agreement as stated in point 4 of the tenancy particulars the parties agree that the tenant shall have the right to terminate this agreement prior to the expiry of the said term by giving the landlord not less than two months written notice PROVIDED THAT both the following conditions are satisfied:
a)this right cannot be exercised by the tenant to terminate the agreement on any date falling before the expiry of four months from the term commencement date of this agreement.

b) the tenant has paid the rent or any other amount due under this agreement up to the date that the agreement expires in accordance with a notice served in accordance with this clause.

At the expiry of a notice served under this clause this agreement will be determined absolutly but such determination shall be without predjuce to the rights of either party against the other in respect of any outstanding rent or other amount due or other breach of the terms of this agreement which has occured before the end of the agreement.

If a notice takes effect on a date which is not the last day of a monthly period of this agreement the obligation to pay rent shall cease on the termination date and the rent payment will be apportioned accordingly.


so am i right in thinking the above means we can give 2 months written notice from 19th April 2009 to expire on 19th June 2009...

or notice on 19th may to expire on 19th july and so on...


thanks in advance for the awful long post!!!

Debt_Free_Chick

lilmissdebt wrote: »

so am i right in thinking the above means we can give 2 months written notice from 19th April 2009 to expire on 19th June 2009...

Assuming the fixed term began (check the agreement) on 19 December then you are right. The earliest that the notice can be given is four months after that so 19 April.

lilmissdebt

Debt_Free_Chick wrote: »

Assuming the fixed term began (check the agreement) on 19 December then you are right. The earliest that the notice can be given is four months after that so 19 April.

yes fixed term from 19th december 2008 to 18th december 2009..

thanks for your help thought it was unusual for breakclause tht early into agreement thought it was usually 2 months notice after 6th month not tht im complaining lol :T

Debt_Free_Chick

lilmissdebt wrote: »

yes fixed term from 19th december 2008 to 18th december 2009..

thanks for your help thought it was unusual for breakclause tht early into agreement thought it was usually 2 months notice after 6th month not tht im complaining lol :T

It's often like your clause, which means 2 months notice to enable you to leave at the end of 6 months - rather than 2 months notice and leave after 8 months

lilmissdebt

thank you for your help

im also assuming i just write to both landlord and agent to giving them my intenetion to leave and just refer to the clause allowing me to give the notice..

it doesnt have to be a form or anything just a letter?

Debt_Free_Chick

Just a letter, but if the clause is numbered in the contract, refer to it.