Break clause in tenancy agreement- LL help needed

jee · 19 March 2012 at 6:52PM

I've got a new tenant coming in who wants a six month break clause, I've refused and asked for eight months.

Can I write the break clause into the contract as, only after a eight month period from when the tenancy started can the tenant or I give 2 months notice?
Therefore effectively keeping me covered with rent for 10 months.

Thanks

jjlandlord · 19 March 2012 at 7:03PM

So you've required 8 months and are asking if you could sneak in 10 months instead?

Great...

franklee · 19 March 2012 at 7:04PM

You can write in any number of months you like but I would not expect the tenant to accept it. If I was talking about a six month break clause I'd take it to mean give notice at month four to leave at month six. So for an eight month break clause I'd expect to give notice at month six to leave at month eight. So not sure where you get the ten months from. How long is the fixed term you are offering? If it's twelve months then I see little point in a ten month break clause. You may as well make the fixed term ten months so everyone is clear where they stand.