6 month break clause really 8 months? (wording included)

underthesea

Can anyone help out with this? Can I serve notice 4 months does it mean 6 months I can give notice to my landlord for2 months = 8 months?

"After the first six months of this agreement has expired, either party may serve 2 month notice to the end the tenancy. Notice must be served in writing on a rent due date"

booksurr

is the fixed term of the contract more than 6 months long?

underthesea

12 month contract

nick12

Yes you can give two months notice once the intitial six months are up so at the earliest you can leave 8 months into the tenancy (provided you give notice in accordance with the clause).

underthesea

Thanks for that. I feel a little stuck. They called this a 6 month break clause but they should really call it an 8 month break clause.

Looks like I have to find a way of keeping the rent up whilst paying a mortgage on a new property!

SerialRenter

nick12 wrote: »

Yes you can give two months notice once the initial six months are up so at the earliest you can leave 8 months into the tenancy (provided you give notice in accordance with the clause).

Assuming that the rent due date is the same as the first day of each period.

e.g. My agreement states that the rent must be paid by the 22nd. However the period of each tenancy starts on the 24th.

Whilst i doubt the letting agent/landlord would enforce this, it could be nearly a whole extra month on top.

HappyMJ

You can give notice at any time. If the landlord can find another tenant quickly then your liability for the rent stops. You'll most probably be charged the "tenant finder" fee if you let this property through an agent. A landlord can also pass on the reasonable costs of re-letting the property. So my advice the sooner you hand in your notice the sooner they can get another tenant in and you no longer have to pay rent. At least if you tell them you are leaving the property empty they might be tempted to get it re-let as soon as possible to avoid any potential damage to the property or to avoid squatters moving in.

booksurr

underthesea wrote: »

they should really call it an 8 month break clause.

not really since it can be exercised at any point by either party after month 6 up until the end of the contract so, allowing for the 2 months notice, you could leave at mth 8,9,10 or 11 so in that sense is actually a very generous break clause which makes a mockery of the 12 month term

jjlandlord

Of course calling that a '6 month break clause' is misleading. You should read the clause to decide what it allows.

The additional trick in this one is that if you must give notice exactly on the right day or the notice is void.

HappyMJ wrote: »

You can give notice at any time. If the landlord can find another tenant quickly then your liability for the rent stops.

No, you cannot give notice at any time.

In a fixed term tenancy there is no 'notice' unless the agreement allows it.
Therefore if a tenant just 'gives notice' the landlord is free to refuse.

HappyMJ wrote: »

At least if you tell them you are leaving the property empty they might be tempted to get it re-let as soon as possible to avoid any potential damage to the property or to avoid squatters moving in

The tenant might leave the property empty but that does not imply that the tenancy has ended: The tenant would still be the tenant and liable as such.

HappyMJ

jjlandlord wrote: »

Of course calling that a '6 month break clause' is misleading. You should read the clause to decide what it allows.

The additional trick in this one is that if you must give notice exactly on the right day or the notice is void.



No, you cannot give notice at any time.

In a fixed term tenancy there is no 'notice' unless the agreement allows it.
Therefore if a tenant just 'gives notice' the landlord is free to refuse.



The tenant might leave the property empty but that does not imply that the tenancy has ended: The tenant would still be the tenant and liable as such.

I didn't mean it like that. Never mind....

The tenant is still liable for the rent but a landlord really wouldn't want to see the property empty and may accept the notice and try and re-let the property so there's no harm handing in notice now and see what the landlord says. They can refuse if they want as you say but I'd just have a chat with the landlord and see if they can re-let it.

Voyager2002

Check the legality of requiring two months notice. In most circumstances the landlord is obliged to give two months, the tenant only one.