Break clause in rent contract

MoneySaver999

Hi,

I moved in on 4 March. I pay rent monthly in advance, so the first month's rent was paid on the day I moved in (4 March).

My contract is a 12 month contract with a 6 month break clause with two month's notice.

So, does my 2 month notice to exercise the break need to be given today (4 June) or next month (4 July)?

Thanks

MoneySaver999

theartfullodger wrote: »

Please quote the EXACT wording of said break clause... These clauses are notoriously difficult to get right... and often worded confusingly... (eg difference between break clause allowing notice given AFTER 6 months or notice effective FROM 6 months or simply only AT EXACTLY 6 months... and does it say notice must expire say on 1st of month...etc etc etc..)

Further, what does it say about how notice must be served (eg by man wearing top hat & bow tie in person or by email...) as serving today might be tricky depending...

The tenancy agreement reads as follows:

"If either party hereto shall desire to terminate the Tenancy hereby created at any time after the end of the first six months that party shall give to the other two months notice in writing of such desire then immediately on the expiration of such notice the present Tenancy and everything herein contained shall cease...."

I also signed a Terms of Offer which states the break option as "mutual at six months with two months prior written notice"

Thanks

tim123456789

It seems to be saying that you can give notice at any point provided that the resulting contract length is at least 6 months, so that means notice given from the 4th month onwards.

Expect the LL to claim that it means notice can be given from the 6th month onwards

tim

MoneySaver999

tim123456789 wrote: »

It seems to be saying that you can give notice at any point provided that the resulting contract length is at least 6 months, so that means notice given from the 4th month onwards.

Expect the LL to claim that it means notice can be given from the 6th month onwards

tim

So if I want to leave at after six months, I need to give notice at four months. When does the 4th month begin and end?

Thanks

tim123456789

By my calculation the end of month 6 is Sept 3rd so you need to give notice on or before July 4th (I can't work out how you got June 4!).
there's no need to give it on the exact date, you can (and would be advised to) serve it early.

tim

theartfullodger

MoneySaver999 wrote: »

..
"If either party hereto shall desire to terminate the Tenancy hereby created at any time after the end of the first six months that party shall give to the other two months notice in writing of such desire then immediately on the expiration of such notice the present Tenancy and everything herein contained shall cease...."

..

Classic example I think of why these break clauses are minefields..
a) As already pointed out it could be interpreted as can give notice that can expire any time after 6 months or can give notice after 6 months..
b) It seems to only permit exactly 2 months notice, not more than 2 months (say 2months 2 days..)... I'm sure the landlord will claim it means he can give at least 2 months but may decline more than 2 months from tenant.

I take it as meaning notice may be given from the day after 4months into the tenancy.. but the judge will tell you if that is correct.

You the tenant give what you consider valid notice.. You then leave.. having taken loads of photos... Landlord may rant all along that your notice is invalid ... he has the options of refusing refund of deposit and/or suing you for some more/all-the-rest-to-12-months remaining rent..

We don't know until it happens what he will do..you could point the landlord to this thread..

Think I'd serve the notice in person with a witness...

Cheers!

MoneySaver999

tim123456789 wrote: »

By my calculation the end of month 6 is Sept 3rd so you need to give notice on or before July 4th (I can't work out how you got June 4!).
there's no need to give it on the exact date, you can (and would be advised to) serve it early.

tim

Yeah I thought the same but was a bit unsure as rent is paid monthly in advance, so I thought 4 March would be month one, making 4 June month four. But yes, month 4 should be from 4 June until 3 July.

MoneySaver999

theartfullodger wrote: »

Classic example I think of why these break clauses are minefields..
a) As already pointed out it could be interpreted as can give notice that can expire any time after 6 months or can give notice after 6 months..
b) It seems to only permit exactly 2 months notice, not more than 2 months (say 2months 2 days..)... I'm sure the landlord will claim it means he can give at least 2 months but may decline more than 2 months from tenant.

I take it as meaning notice may be given from the day after 4months into the tenancy.. but the judge will tell you if that is correct.

You the tenant give what you consider valid notice.. You then leave.. having taken loads of photos... Landlord may rant all along that your notice is invalid ... he has the options of refusing refund of deposit and/or suing you for some more/all-the-rest-to-12-months remaining rent..

We don't know until it happens what he will do..you could point the landlord to this thread..

Think I'd serve the notice in person with a witness...

Cheers!

I actually asked (via email) the letting agent who created the contract if this means that I can exercise the break option at 4 months, and leave after six months, and the answer was yes. So surely there shouldn't be any difficulties?

[Deleted User]

Do you mean in advance or on time?

If your tenancy is 12 months from March 4th 2013 your rental periods are as follows:

March 4th - April 3rd (month 1)
April 4th - May 3rd (month 2)
May 4th -June 3rd (month 3)
June 4th - July 3rd (month 4)
July 4th - August 3rd (month 5)
August 4th - September 3rd (month 6)
September 4th - October 3rd (month 7)
October 4th - November 3rd (month 8)
November 4th - December 3rd (month 9)
etc etc

Although technically rent is paid in "advance" most people wouldn't think of it that way, you pay at the start of the month for that month. If you imagine your tenancy as a bank account, it should always be in credit.

For the March 4th - April 3rd period payment is due on March 4th, for April to May payment is due on April 4th etc.

The 6th term in your tenancy is August 4th - September 3rd, which takes your tenancy to sixth months, so to excercise the break clause as early as possible you need to provide the 2 months notice before the 7th term commences.

7th term = September 4th, 2 months before September 4th is July 4th.