Breaking a tenancy agreement

guzzle88

Hi,

I'm hoping you might be able to help with a question I have - I have a tenancy agreement which reads the following:

The landlord lets to the tenant the premises for a period of 18months. The tenancy shall start on and include the 28th November 2009, and shall end on and include the 27th May 2011. At any time after 12 months of the term of this tenancy has expired (or after a similiar period of an extension to the original tenancy) either party may invoke a break clause by providinig a minimum of two months written notice to the other (such notice to expire on the lat day of a rental priod of the tenancy).

My question is this: Does this mean I can provide written notice now, and be able to move out on 27 November, or does this mean I need to wait until the 12 months is up (ie, 28 November) to provide two months' notice?

Thanks in advance!

Chimpofdoom

I believe you'll have to wait until the 28th of November before you can hand in your 2 months notice!

*Edit* Of course, I could be wrong ;-)

guzzle88

Ah, I had a bad feeling that might be the case...eeek!

Chimpofdoom

Well it could be worse.. you could of had the whole 18 months

guzzle88

Yes, that's true! Thank you though!

Hintza

I'm not so sure, why not call your landlord and tell him you wish to cancel from end of November and check what would be owing.

Might be worh getting a solicitor to have a look.

4743hudsonj

The words "after" and "invoke" seem to suggest what others have said, ie that the procedure can only be begun after the first 12 months, making a minimum of 14 months before you can leave.

fthl

I think you can leave after 12 months and serve notice beforehand.

At any time after 12 months of the term of this tenancy has expired either party may invoke a break clause by providing a minimum of two months written notice to the other (such notice to expire on the lat day of a rental priod of the tenancy). [my emphasis]

You would be providing notice that you intend to invoke the break clause and this will take effect after the minimum term, it does not seem that there is minimum amount of time that needs to pass before you serve that notice. I would argue that this is consistent with other L&T notices - you can be served a s21 notice at the start of a tenancy and you will give notice that you are leaving at the end of a tennancy before it actually ends.

The term quoted seems to talk about the effect of the clause, and actually activating this, not serving notice that you intend to. To break the clause down:

1) At any time after 12 months of the term of this tenancy has expired

then

2) either party may invoke a break clause by

3) providing a minimum of two months written notice to the other

providing that

4) (such notice to expire on the lat day of a rental priod of the tenancy).

Equaliser123

Poor drafting but it is clear to me.

12 month minimum term. Then you can provide 2 months notice. I like the idea of serving the notice now and it expiring in November but I think the wording is against this as the break clause requires the notice and it can only be invoked after 12 months term has expired.

Optimist

Equaliser123 wrote: »

Poor drafting but it is clear to me.

12 month minimum term. Then you can provide 2 months notice. I like the idea of serving the notice now and it expiring in November but I think the wording is against this as the break clause requires the notice and it can only be invoked after 12 months term has expired.

I agree with this.

The OP can always ask the landlord if they would allow them to surrender the tenancy early

Hintza

Equaliser123 wrote: »

Poor drafting but it is clear to me.

12 month minimum term.

But then of course it is not a 12 month minimum term but a de facto 14 month minimum term.