Break clause clarification

verbyl.belch

Hi all,

I'm hoping people here are more atuned to rental agreements and clauses than I am and can offer some insight...

We are currently on a 12-month fixed contract (with rent due on the 3rd of the month) that has a 6 month break clause.

The break clause is worded as follows:

"The Landlord agrees that the tenant has the right to terminate the tenancy after the first 6 months by giving the landlord not less than 2 months notice in writing to be sent by first class post or hand delivery to the address specified in clause 1.1 of this agreement, to end the agreement. To avoid any doubt between the parties it is agreed that the notice period cannot commence any earlier than 2nd April 2011 and cannot expire any earlier than 2nd June 2011. Such notice must expire at the end of a relevant period, being the day before the rent normally falls due.

Upon the expiry of this notice this agreement shall cease except that either the tenant or the landlord can persue their legal remedies against the other for any breach of any rights and obligations under the agreement apart from the right to a fixed term contract which is subject to this break clause."

Are we able to still able to use this break clause? i.e. Send a letter giving two months notice from the 2nd June for us to vacate the property on the 2nd August?

We are in England.

Thanks for any input.

BitterAndTwisted

Yes, that's exactly what it means. Get your letter sent asap

verbyl.belch

Thanks B&T.

Both my girlfriend and I remember the letting agency adamently saying that the break clause could only be 'activated' if we handed notice on the 2nd of April, to move out on the 2nd of June. It was just by chance today that, when talking about when we could move out, we rechecked the clause.

Yorkie1

Just to confirm, what was the start date of your tenancy agreement?

G_M

You do not say when the tenancy started so it is hard to be sure when the 6 month point is. However you imply it started 3rd Feb, meaning if you expoit the break clause you can end the tenancy on 2nd August.

To avoid any doubt between the parties it is agreed that the notice period cannot commence any earlier than 2nd April 2011 and cannot expire any earlier than 2nd June 2011.

Very poorly worded! I suspect they mean "the notice period cannot commence any earlier than 2nd April 2011 or any later than than 2nd June 2011".

If the Notice period "cannot expire any earlier than 2nd June 2011" then it would not be a 6 month break clause since 2nd June is not 6 months from 3rd Feb (assuming the tenancy DID start on 3rd Feb!)

So the paragraph starting "To avoid any doubt..." immediately introduces doubt!

verbyl.belch

Hi,

The tenancy began on the 3rd Dec 2010

cheers

franklee

verbyl.belch wrote: »

The tenancy began on the 3rd Dec 2010

So first six months are 3rd Dec 2010 to 2nd June inclusive with the last two of these 3rd April to 2nd June inclusive. It seems that the earliest you could have given notice is 3rd April to 2nd June inclusive, which needed to arrive with them by 2nd April.

Now I'd say you can serve notice any time giving a minimum two months to end on the 2nd of the month. So to end on 2nd August, the notice needs to be at least 3rd June to 2nd August inclusive so needs to be served (that is arrived their end) at the latest 2nd June.

G_M

Ah! OK. Ignore my previous..

prudryden

"Are we able to still able to use this break clause? i.e. Send a letter giving two months notice from the 2nd June for us to vacate the property on the 2nd August?"

Absolutely!

verbyl.belch

thank you all for your replies.