Advice on break clause

lynzpower

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????

Yes it is :rotfl:

same place.

A few things have changed really - not overly impressed with the letting agent ( quite a few issues with the house remaining unsatisafactorily resolved) but also OH has changed jobs and its taking him almost 2 hours to get home- so we are looking at places a bit closer to where he works.

I do love moving tho, what can I say :rolleyes:

lynzpower

OK -

heres the wording on the tenancy- help apprecaited as ever.

It says as follows
" Any periodic tenancy arising on the expiration if the fixed term as described herein may be terminated by either party giving to the other not less than 2 months notice in writing the same to expire at the end of a period of the tenancy

It is hereby mutually agreed that this agreement may be terminated by either party giving to the other not less than 2 months written notice to terminate. Such notice to expire on the 17th day of the month. It is further agreed any notice served in accordance with this clause shall not expire before the 6 month anniversary date being the 17th July 07

*******************************************

Incidnetaly theis is wrong as its supposed to read the 19th - as we took the tennacy on on the 19th and the 19th is written throughout ( after we asked for it to be corrected)

Your thoughts?

silvercar

It is further agreed any notice served in accordance with this clause shall not expire before the 6 month anniversary date being the 17th July 07

Stuck til the 17th or 19th July, I reckon. Though if you moved out earlier the landlord would have a duty to try and find someone else and mitigate his losses.

lynzpower

but does that mean that either

a) we can NATURALLY leave on the 17th/19th without having to provide notice

b) the earlist we can leave is the 17/19th but in order to do so we HAD to have had the nortice with the LA by the 17/19 opf this month

c) we have missed the boat for leaving on 17/19 july because we havnent handed in 2ms notice


We have no intention at all at not paying till the 17th july, im more than happy to pay up till the day we move out no problem - just want to make sure that we whenever it is we can leave - we have given correct notice

Gold_Shogun

"It is further agreed any notice served in accordance with this clause shall not expire before ... the 17th July 07"
I agree with Silvercar that you are 'legally stuck' until (at least the 17th/19th July ....

... However, there is worse to come in that :-
"not less than 2 months written notice to terminate. Such notice to expire on the 17th (or 19th?) day of the month."
Which means that you have already "missed" the 2-month prior-notice date (17th/19th MAY) for leaving on the 17th/19th July ... Which effectively means that your "next window of opportunity" for leaving is the 17th/19th August, PROVIDED you give notice before 17th/19th June.

... UNLESS of course, you "coincidentally just happened" to take note of or have followed my original hint in an earlier post ... Depending on your precise cirecumstances, you might yet just manage to "recover" from your current predicament.

Sorry I couldn't be more positive for you.
Cheers
Bob

Gold_Shogun

Hi lynz,
I've already answered your (b) & (c) points in my above post, but in respect of :-

"but does that mean that either
a) we can NATURALLY leave on the 17th/19th without having to provide notice "
... That depends on the "termination date" / "Period of Tenancy" specified on the Agreement.

Was this agreement for a SIX month period expiring on the 19th July 2007 ... In which case you can "leave upon expiry" with 1-month prior notice.
...OR... For a longer period, such as :-
A TWELVE month period expiring on the 19th Jan 2008 (with a "6-month break-clause" activating on the 17th/19th July 2007) ... In which case you are bound by the "Two months notice break-clause"

From your earlier posts & phrasing, I suspect it is the LATTER.

silvercar

It is hereby mutually agreed that this agreement may be terminated by either party giving to the other not less than 2 months written notice to terminate. Such notice to expire on the 17th day of the month.

would suggest that you always have to give two months notice.

but your landlord may be reasonable. after all he wouldn't have started looking for new tenants since friday and you will let him show new people round (won't you?). As a landlord I wouldn't be fussed by 2 days on a 2 month notice period. communication is all, speak to him.

lynzpower

we dont have any contact with the LL ourselves, its all done through the LA

now the thing is I dont want to give notice - until we have found somewhere, as we might not be able to find anywhere- but then we dont want to find somewhere, then not be able to move.

2 months is a long time in the london rental market, most places are advertised when they are vacant from what I can tell .