Tenancy Agreement - Giving notice - Please Help

tommmy

We are in the process of buying a property but at the moment we are still renting. Our tenancy started on 05/10/2013.
Right now I'm trying to understand when exactly I can give notice.

The contract states:

The term shall be from and including 05/10/2013 to and including 04/10/2014 being 6 months fixed and 6 months break clause incorporated.

Does it mean:

a) once 6th month has passed I can give notice at any time
or
b) once the 6th month has passed I need to decide whether to go or stay as once I enter month 7 I need to live at the rented property till the contract expires which is 04/10/2014?

The reason I am asking this is if we give notice now (agreeing to leave on 04/04/2014) and the sale takes us over the above mentioned date we might find ourselves homeless.
However, if I can give notice at any time once the 6 months fixed period has expired I might buy myself more time and get a better idea when the purchase of our home will be completed.

Many thanks for your advice.

jjlandlord

The wording suggests that there is a break clause. But you should read through the whole agreement to find and confirm it.

If you find the break clause, it should answer your question. If it is unclear, please post it here.

If you do not find the break clause, I'm afraid it means that you are bound until October...

tommmy

There is a break clause. Will type it in a second.

tommmy

Ok here it is:

2.6 Break Clause:
2.6.1 The agreement creates a tenancy that starts with a fixed term and then becomes periodic. This would normally guarantee both parties the rights and obligations for the fixed term and a minimum of one period. The following two clauses allow either party to terminate the agreement earlier than that date, but not before the end of the fixed term ( the date quoted in 1.6.1 as "to and including *date)")

I definitely remember the estate agent saying that we can leave after 6 months. What I am unsure of is if we go on the 7th month do we need to stay for the whole year?

Hope this all makes sense:)

jjlandlord

What you quoted is pretty clear and does not allow you to break at 6 months at all.
It suggests that you are bound until October.

The following two clauses allow either party to terminate the agreement earlier than that date, but not before the end of the fixed term

What are these 2 clauses?

chris_m

What are "the following two clauses"?

At first glance clause 2.6.1 in addition to what you put in your original post would imply that you are tied until October.

tommmy

Sorry should have typed it all to be clear and sure:

2.6.2 The Landlord may bring the tenancy to an end at, or at any time after, the expiry of the fixed term by giving to the tenant at least two months written notice stating that the landlord requires possessions of the property.

2.6.3 The tenant ay bring the tenancy to an end at, or at any time after, the expiry of the fixed term by giving to the tenant at least one months written notice stating that the tenant wishes to vacate the property. (bla bla bla about putting it in writting)

2.7 Ending the Tenancy

2.7.1 If the Tenant intends to vacate at the end of fixed term, or at any later date, he agrees to give the Landlord at least one mont's prior Notice in writing.
2.7.2 While the tenancy is periodic the one month's notice must expire the day before a Rent Due Date

chris_m

All that appears to be saying is that the tenancy is a 12-month fixed until October '14 followed by a monthly periodic tenancy of, initially, one month and that if either party wishes to to end before the periodic part (but not before the end of the fixed term) they have to give the correct notice, 2 months from the landlord, 1 month from the tenant.

Nothing I can see which indicates any break clause during the 12-month fixed term whatsoever, I'm afraid.

tommmy

chris_m wrote: »

All that appears to be saying is that the tenancy is a 12-month fixed until October '14 followed by a monthly periodic tenancy of, initially, one month and that if either party wishes to to end before the periodic part (but not before the end of the fixed term) they have to give the correct notice, 2 months from the landlord, 1 month from the tenant.

Nothing I can see which indicates any break clause during the 12-month fixed term whatsoever, I'm afraid.

Doesn't it state that the fist six months are fixed only?

The term shall be from and including 05/10/2013 to and including 04/10/2014 being 6 months fixed and 6 months break clause incorporated

JessicAhh

tommmy wrote: »

I definitely remember the estate agent saying that we can leave after 6 months.

Well you can leave any time you want, but I agree with others that it looks like you would still be rent liable.

Have you anything in writing from the estate agent that states you can leave, without penalty, after six months?

Do you have a good relationship with your landlord? If so, you may be able to negotiate your way out, if the landlord can find a new occupant.

JessicAhh

tommmy wrote: »

Ok here it is:

2.6 Break Clause:
2.6.1 The agreement creates a tenancy that starts with a fixed term and then becomes periodic. This would normally guarantee both parties the rights and obligations for the fixed term and a minimum of one period. The following two clauses allow either party to terminate the agreement earlier than that date, but not before the end of the fixed term ( the date quoted in 1.6.1 as "to and including *date)")

Your to and including date is 04/10/14, as quoted from 1.6.1, so to me it looks like that the fixed term is defined as the whole year.