Advice on break clause

lynzpower

hi there all

I know we have been here before, but Im not finding the conclusive info I need on the internet.

IN our contract our break clause is dated 16th july.

It says we need to give 2 months notice.

I know I have read on here that we only need to give one months notice.

I am not quibbling about paying the rent till the end of the tenancy- if we move, Im happy to pay 2 rents overlapping on a new tenancy if it comes to it, thats not the issue.

But I just need to know when to give notice.

We are going to view a new place in a couple of days ( just waiting for the LA to come back to me) obviosuly I dont want to give notice before weve found somewhere else -indeed, we might not want to move at all.

how do other people deal with this?

All advice welcome

thanks x

Gold_Shogun

In your case ... The TWO month period applies as this is the period specified in the Agreement.

Here are a couple of links to help you plan the best "Notice Date" :-

http://www.letlink.co.uk/component/option,com_llfaq/Itemid,0/action,faqs/task,question/id,31/

&

http://www.letlink.co.uk/component/option,com_llfaq/Itemid,0/action,faqs/task,question/id,63/

Guy_Montag

I agree with Goldie, it's a minimum of one month's notice. i.e. if your agreement says two weeks, that's not acceptable, but if it says two months that's ok.

lynzpower

So:

in this scenario

the 2 month date was friday - should we have issued notice on Friday to move ( even though its a bit early to find anywhere for july as yet) to move out at the end of the break in JUly

Issuing it next month ( ie june) would or would not be legally acceptable

silvercar

A break clause allows you to break the agreement (obviously). In order to do this you have to follow the rules allowing the break, in this case 2 months.

I think you may be thinking of the rules on tennacies beyond their fixed term where the rule is 1 months for the tenant and 2 month for the landlord.

lynzpower

SO bearing this in mind then silvercar, as I didnt hand in notice on Friday, does that mean that I have to wait until july to hand in my notice, leaving in August?

It just doesnt seem right? Or can I leave in July anyway ( giving no notice) as its the end of the tenancy ( 6m fixed, then periodic?)

I really am baffled by this and dont want to pi55 off my landlady.

lynzpower

sorry to say Ive previously had 12month AST where we just left at the end and the LL had booked the keys to come back adn no written notice on either side was ever given- although the letting agents have called me saying "do you want to stay on next year" and I just siad no.

Gold_Shogun

lynzpower wrote: »

So:

in this scenario

the 2 month date was friday - should we have issued notice on Friday to move ( even though its a bit early to find anywhere for july as yet) to move out at the end of the break in JUly

Issuing it next month ( ie june) would or would not be legally acceptable

The PRECISE answer would depend upon the EXACT phrasing of the Tenancy Agreement document.

However, to offer a "strictly hypothetical" suggestion ...

One could potentially have written & dates a Notice to Quit under the break clause on (last) Friday, and hand delivered through a landlords letterbox Friday/weekend, to be followed up on Monday with a Royal Mail Rec./Spec. Del confirmation duplicate (due to being unable to post such over the weekend).

Hypothetically speaking, most landlords wouldn't bother arguing against the "theoretical" day or so difference, and would probably find it extremely difficult to disprove to a "Court's Satisfaction" IF they were so petty-minded, if you catch my drift.

Regards
Bob

Gold_Shogun

lynzpower wrote: »

SO bearing this in mind then silvercar, as I didnt hand in notice on Friday, does that mean that I have to wait until july to hand in my notice, leaving in August?

It just doesnt seem right? Or can I leave in July anyway ( giving no notice) as its the end of the tenancy ( 6m fixed, then periodic?)
I really am baffled by this and dont want to pi55 off my landlady.

This bit in bold has just "muddied the waters" ...

Either you have a "More than 6-month Tenancy Agreement" (presumably 12-month) WITH a "6-month Break clause with 2-month notice" .

OR

You have a 6-month Tenancy Agreement which expires shortly (and consequently reverts to a "periodic" thereafter).

IF the former, then you are bound by the wording of the 12 month Agreement for giving notice & and the specified 2-month Notice Period therein.

IF the latter, then you simply need to inform your landlord (One month before said 6-month period expiry date) that you will be vacating the premises UPON the expiry date of the Tenancy Agreement in accordance with its Terms.

lynzpower

thaks

I'll dig out my tA later and post up the wording for you to help.

Cheers

silvercar

I agree with gold_shogun, either its a 12month AST with a break clause or its a 6 month tenancy coming to the end. If its a 6 month tenancy you could just leave (though it would be polite to let your landlord know).

Is this the place that was a dream rental, with room for the dog, that you were desperate not to lose a few months ago????