Break Clause in Tenancy Contract

lion-o

When organising my tenancy I told the estate agency I wanted a 6 months break clause.

Here is what it says in my contract:

Mutual Break Clause Any time after six months of the initial fixed term of this tenancy (or after a similar period following a fixed term extension to the original tenancy) either party may invoke this break clause by providing a minimum of two months written notice to the other (such notice to expire on the last day of a rental period of the tenancy). At the end of such notice the tenancy shall end and all obligations and responsibilities shall cease; subject nevertheless to any claim by either part against the other in respect of any breach of any of the terms and conditions of the agreement.

The term of the tenancy is 12 months from 05/04/2013 to 04/04/2014.

Now I am wondering can I give 2 months notice after 4 months of living here and leave after six months on 05/10/13. Or do I have to live here 6 months and then give notice and leave after 8 months on 05/12/13.

Thanks for your help!

Equaliser123

On the construction of the clause, it seems that notice cannot be provided until the 6 months period is up so on the dates you have stated it would be 5 / 12/ 2013.

ValHaller

A recurring question. It hinges on whether the break clause is invoked by sending the notice or whether you have to give notice to invoke the break clause by leaving. It always depends on the wording of the clause. Yours looks like the former. But you could try sending notice ....