Break Clause understanding

theartfullodger

Suggest you have a look here..
http://www.tenancyagreementservice.co.uk/ending-a-tenancy-agreement.htm

Further, I quote from notes from a "Shelter" training course (excellent course, as is most of their stuff).

The occupant's notice to quite must ..
- Be in writing
- Be at least the length of the period of the tenancy and not less than four months *
- Expire on the first or last day of a period of the tenancy **

* ?Period of Tenancy? If rent paid weekly period is a week, if monthly a month, if quarterly 3-months (so probably a month)



** Expire?? What does that mean... Say tenancy started 30th November 2008 and runs to 29th April 2009. The NTQ (Notice2Quit) must expire on either 29th or 30th of some month. If it is worded "I give notice to quit & will leave on 28th July" then the Landlord could claim that's invalid and have you pay another month rent... Daft, but that's the law.. (No, most tenants & Landlords don't realise it).

NB Is it a sole tenancy or is there more than one tenant?? As after the expiry of the fixed term if ANY tenant gives valid NTQ then the WHOLE tenancy ends and any occupier becomes a trespasser after NTQ expires, although there are "Human Rights" issues with this being discussed in Strasbourg courts .

NNB Best position is to agree with the Landlord when tenancy ends (hopefully when you agree) and the both sign document agreeing to that, after issuing valid NTQ.

Cheers!

Lodger

Chris2685

Thanks for the advice guys, very informative.

Looks like my best course of action will be to serve the notice by hand on the 1st of the month, as specified in the break clause. I will then discuss with them to see if they will allow a reduction in the time so that we might be able to leave after 1 month instead of 2. I guess it all depends if they can find another tenant within a month really!

Thanks again, and could anyone tell me if they think there is something wrong with what I plan to do above?

Chris2685

OK, we are going to give written notice on the 28th June and have already informed the LA that we intend to do so.

Is there a particular way that this has to be written to make it legally binding or as long as it says 'notice to quit on such and such' is it ok?

I have tried Googling this and it is really not clear at all!