Break Clause wording

_Ed

Not wanting to thread hijack but kind of related: I have a 12 month AST, commenced 13th Feb, England, secured deposit.

Our break clause states:
The landlord agrees that the tenant has the right to terminate the tenancy at any time after the six months by giving the landlord or the agent not less than two months notice in writing to be sent by first class post or hand delivered to the address specified in clause 30.1 of this agreement to end the tenancy. To avoid any doubt between the parties it is agreed that the notice period cannot commence any earlier that 13 June 2012 and cannot expire any earlier than 12 August and can be exercised during any renewal period.

What I need to know is do I need to give notice aligned with the rental period i.e I would need to give notice by the 13th of each month & move out two months later, or could I give notice at any point in the rental month and the two months becomes effective from that date (i.e. give notice 20th Aug, move out 20th Oct).

BitterAndTwisted

It's two rental-periods not two calender months and from your description you would need to ensure that you get your written notice to them on or before the 12th, not the 13th.

Rental-periods don't run from the 13th to the 13th of the monh following as that would be a month and a day.

theartfullodger

The break clause makes no mention of notice expiring on rent dates so I think not.

Normal notices during periodic tenancies do need to expire 1st/last day of periodic tenancy period, but IMHO not for this break clause during fixed term.

But I'm no lawyer: Any other opinions will be just that, opinion. You'll only find out if you give notice, LL doesn't like it, you go, he takes you to court, Judge rules on the meaning..

But, I'd say you are safe. Post from 2 separate post offices with **free** "proof of postage" certificate so if it gets to court you have proof. Allow (?) 3 working days for postal service ...

Cheers!

_Ed

yeah, that's the dilemma... two months, or two rental periods. I'v always used rental periods when giving notice, but then I've never invoked a break clause before.

_Ed

ended up clarifying with the agent - in my case 2 months notice is required, not two rental periods!

systo

So in the end we didn't actually have to exercise our break clause. Another tenant was found just before we were due to move out.

That said both our solicitor and the letting agent agreed that the wording was very flimsy. I think we would have been ok if we had had to go down the arbitration route.

Thanks again for the input folks.

renterlondon

I have a one year break clause in my two year AST agreement.

"This agreement may be terminated in writing upon the serving of two months notice, not to be served before 30/07/2014."

30/07/14 is the exact one year point.

does this mean this date is the earliest I can leave, or the earliest I can provide my written notice? Thanks

jjlandlord

What does "not to be served before 30/07/14" mean to you?