Break Clauses in Tenancy Agreements

sharpee

If a 12 Month Tenancy Agreement has a 6 month break clause how and when do you use the 6 month break clause to move out?

Would we have to give notive to move out at 6 months at the 4 month point hence giving 2 months notice?

A bit confused and stressed about it all

G_M

As we cannot see the tenancy agreement from here, so cannot read the terms of the break clause, it is impossible to answer. I suggest you post the clause in your question.

Benji

Agreeing with G_M. There is no fixed way for these to work, as it is a 'perk', not a statutory thing.

So, to answer you question - the details of YOUR break clause are in YOUR contract, but if you want help translating, I'm sure G_M, myself or others will be happy to help.

Melaniep101

sharpee wrote: »

If a 12 Month Tenancy Agreement has a 6 month break clause how and when do you use the 6 month break clause to move out?

Would we have to give notive to move out at 6 months at the 4 month point hence giving 2 months notice?

A bit confused and stressed about it all

Can't say for definate as it really depends on your tenancy agreement, but we are in the same situation and we have confirmed with the letting agency that we can give two months notice prior to the break clause. We renewed our tenancy agreement on 1st April, so the break clause is 1st October. We can give notice on the 1st August so that we can be out by end of September.

Best to call your letting agency/landlord to clarify, but also get it in writing!

Hope that helps.

G_M

Melaniep101 wrote: »

Can't say for definate as it really depends on your tenancy agreement, but we are in the same situation and we have confirmed with the letting agency that we can give two months notice prior to the break clause. We renewed our tenancy agreement on 1st April, so the break clause is 1st October. We can give notice on the 1st August so that we can be out by end of September.

Best to call your letting agency/landlord to clarify, but also get it in writing!

Hope that helps.

This may be interesting, but does not help the OP in any way. HIS break clause may or may not work the same way as yours.

Before calling the agent/LL, get your facts straight. Read your contract. No need to 'get it in writing' as it is already in writing..... in the contract.

Melaniep101

G_M wrote: »

This may be interesting, but does not help the OP in any way. HIS break clause may or may not work the same way as yours.

Before calling the agent/LL, get your facts straight. Read your contract. No need to 'get it in writing' as it is already in writing..... in the contract.

That is exactly why I said I couldn't say for definate as it depends on the OP's tenancy agreement. And as it happens, I read my contract in this situation, and it wasn't clear.

No need to shoot me down for expressing my opinion, I don't post on here to be attacked. My advice may be right or wrong, but it's not down to you to correct me.

DVardysShadow

Melaniep101 wrote: »

... My advice may be right or wrong, but it's not down to you to correct me.

It is down to whoever feels like it. If someone believes advice to be wrong, they should say so. Otherwise, the first person to give wrong advice goes unchallenged and no one dare say what the truth is.

Melaniep101

DVardysShadow wrote: »

It is down to whoever feels like it. If someone believes advice to be wrong, they should say so. Otherwise, the first person to give wrong advice goes unchallenged and no one dare say what the truth is.

OK, agreed.

But surely other people should then be allowed to offer their own experience without being shot down in flames?

OP, I apologise for hijacking your thread, please ignore my advice as Ive been told it's interesting, but not helpful to you.

Hope things work out for you.

sharpee

Hey sorry for not posting back but we've been busy moving into our new property.

All out contract states is

" . . . 12Month contract with a 6 month break clause."

Not very helpful, I would like to think I'm quite understanding with these things being a LL and a Tenant. Unfortunately our contract is not very clear.

Mmm I'll give the new house a month but if this weekend is not a one off and we find that everyday we literally have nowhere to park we will definately not be staying the full 12 months

may_fair

sharpee wrote: »

All out contract states is

" . . . 12Month contract with a 6 month break clause."

Not very helpful, I would like to think I'm quite understanding with these things being a LL and a Tenant. Unfortunately our contract is not very clear.

That is not a break clause. If that is all that the contract says on the subject, then there is no break clause and you are liable for rent for the remainder of the fixed term, unless LL agrees to an early surrender.

G_M

sharpee wrote: »

Hey sorry for not posting back but we've been busy moving into our new property.

All out contract states is

" . . . 12Month contract with a 6 month break clause."

Not very helpful, I would like to think I'm quite understanding with these things being a LL and a Tenant. Unfortunately our contract is not very clear.

Indeed "not very helpful".
As may_fair says, that is not a break clause, since that appears to be the description of the Term of the contract. A clause, by definition, is imbedded within the contract somewhere - are you sure you have read it all and there is nothing within the contract?

I slightly disagree with may_fair however. There is clearly an intention for the contract to include a break clause even if it is omitted. So you could imply/deduce your own clause. The most common clauses take effect at the 6 month point, with at least 2 months notice being required (ie sometime before the 4 month point), and if you act on this assumption you might be safe.

However, if the LL contested your notice, and intention to leave after 6 months, it is impossible to say for sure how a court would interpret this contract.