Breaking a tenancy agreement

guzzle88

Thanks everyone. That's helpful. I agree, the wording doesn't make it 100% clear, but I suspect it is 12 months, then give two months notice to leave at 14 months.

Of course, that's not how the agency sold it to me when I signed the agreement, but to be honest, I'm not surprised. Have had nothing but headaches with them from the beginning.

ex.astris

fthl wrote: »

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).

I'm fairly certain this is the correct interpretation. Many contracts are worded like this, and while confusing it would be very odd to try and enforce a 14 month tenancy.

My advice would be to give your notice, saying you want to leave in November. If they say no, explain that your interpretation is the above. What's the harm in trying? You've nothing to lose, and two months of rent to gain.

guzzle88

Thank you, ex.astris. I'll give that approach a shot tomorrow. Not holding my breath, but I guess I'll have to give it a go!

mynameisdave

Try asking here;

http://forums.moneysavingexpert.com/forumdisplay.php?f=16

Should be able to get some good advice from people with in-depth knowledge of LL/T law. The clause sounds ambiguous, it is not clear but my guess would be that you can leave on twelve months if you provide the written notice not later than 27th September. General advice if you feel it could be problematic is to get proof of postage from two seperate post offices.

Equaliser123

mynameisdave wrote: »

Try asking here;

http://forums.moneysavingexpert.com/forumdisplay.php?f=16

Should be able to get some good advice from people with in-depth knowledge of LL/T law. The clause sounds ambiguous, it is not clear but my guess would be that you can leave on twelve months if you provide the written notice not later than 27th September. General advice if you feel it could be problematic is to get proof of postage from two seperate post offices.

I see it that the clause can be invoked by giving 2 months notice AFTER the expiry of 12 months.

However, the fact that there is a debate reconfirms that the clause is unclear. OP needs to be careful that if the clause is ambiguous then it will be construed AGAINST him.

He should therefore assume that the 2 month notice provision must be given after the initial 12 month period.

fthl

when you break the clause down to its component parts you will see that there is no link between serving notice and invoking the clause, these are separate events. Try it my way, you might be surprised.

Equaliser123

fthl wrote: »

when you break the clause down to its component parts you will see that there is no link between serving notice and invoking the clause, these are separate events. Try it my way, you might be surprised.

Tried and I'm afraid I don't agree.

I see it as the clause is invoked by providinig a minimum of two months written notice to the other

And the clause is conditional upon 12 months having expired.

mynameisdave

The 12 months however, do not expire until midnight on 27th November.

As OP cannot invoke the clause until the 12 months have expired and he must issue in line with a rental period that then means he cannot move out till 27 February, if we are going to argue on those lines.

Mankysteve

Why not as the LL? be polite and ask of it would possible to give notice. //they may even let you go earlier.