Interpreting a Break Clause

Zogger

Out of interest just wondering how people would interpret this break clause (in england & wales if it makes any difference):

PREIOD OF TENANCY - After the expiration of FOUR calendar months from inception it is agreed that TWO CALENDAR MONTHS' notice may be given by either party. On expiry of this notice this agreement will determine thereon but without prejudice of any agreement by the Landlord in respect of rent or damages that may have accrued during the tenancy.

I have very little idea what the last sentence is supposed to mean - that is the actual wording, but apart from that...
For the sake of this example lets say the contract dates are the 1st May 2011 to the 30th April 2012. Rent is paid on the 1st of each month
For what period would you say notice could be given by either party, and expiring when?

Thanks

Zogger

Any ideas on this one?
I'm thinking the wording suggests that the break clause can be used any time from 4 - 10 months but not sure what the actual notice period would be

jjlandlord

Zogger wrote: »

Any ideas on this one?
I'm thinking the wording suggests that the break clause can be used any time from 4 - 10 months but not sure what the actual notice period would be

Well, 2 months as stated.

The last sentence means that if you exercise the break clause to terminate the tenancy you would still be liable for any unpaid rent and damage.

Zogger

just reviving my own thread...

lets say I delivered notice to my landlord that I would be exercising the break clause, by hand to his address on the evening of Friday the 4th November. When would the notice be deemed to be served (Friday, Saturday, Monday?) and what would be the (earliest) last date of the tenancy?

I found this on google but obviously it deals with a case that is different in quite a few ways so not completely useful
http://www.google.co.uk/url?sa=t&rct=j&q=tenancy%20berak%20clause%20notice&source=web&cd=5&ved=0CEIQFjAE&url=http%3A%2F%2Fwww.pla.org.uk%2F__data%2Fassets%2Fword_doc%2F0020%2F71246%2FProblems_with_a_Break_Clause_-_Edwin_Johnson_QC.doc&ei=RnOmTt3LH82x8QOc-fWoDw&usg=AFQjCNGi7vnGUiWMUehTzBqkxQSUr4soKQ&cad=rja

I'm assuming the calendar months do not need to be rental periods as we are still in the fixed term, and the break clause doesn't state otherwise

Thanks

theartfullodger

Depends what time notice is served.. 4th Nov is a Friday..

My understanding is that if served after 16:30 (??) then it won't be deemed served until the next Monday...

ALWAYS serve well in advance (a few days...) and serve by mail from 2 different post offices each with **free** proof-of-postage (ask at counter). Don't use recorded/signed-for (LL may refuse it..)

If insistent on serving by hand take an independent witness who is prepared to stand up in court..

Zogger

Reason is I am buying a house and wanted to save money by giving notice as soon as possible, thus reducing the rent owed. I guess the safest way is the post office approach - I believe it would be served the second working day after posting - just that in terms of rent payed at £23 per day, adding Saturday, Sunday, Monday and Tuesday is quite a significant difference in the amount owed!
Hopefully the landlord will agree to end early anyway but would like to know what the maximum I could be liable for is

Thanks

theartfullodger

If you can be flexible on leaving date (eg leaving early..) then maybe offer that - LL might be happy to an early deal..

Are you sure the purchase will go through on the date you expect??

Zogger

theartfullodger wrote: »

Are you sure the purchase will go through on the date you expect??

Nope, hence I'm waiting for exchange before giving notice Dates were just examples but I suspect the exchange is likely to happen on a friday. Assuming notice was delivered on the 8th of November would you think the last day of the tenancy would be the 8th of January? or maybe the 9th or even 10th?

Thrugelmir

Zogger wrote: »

Nope, hence I'm waiting for exchange before giving notice

And completion is likely to be 2 months later?

Zogger

no, much sooner, but I'm not going to give notice until exchange and my minimum notice is 2 months - so not much I can do about that other than negotiate with the landlord.

PheoUK

What kind of tenancy are you in? Notice period on a statutory periodic is 1 month... if the initial AST Term has elapsed (i.e. you had a 6 month AST, its now month 7, the 6th month AST is no longer the tenancy, instead you have a rolling periodic).

Be aware you need to give notice in calendar months matching the rent period e.g. if you give notice 1 day after paying your rent, you are liable for 1 month and 29 days rent!