Tenancy Agreement Clause Advice

adamba

Hi all

This clause is in our tenancy agreement:

''The Landlord is required to provide the tenant 2 months notice to end the tenancy
agreement and request possession of the property (but no earlier than the 12 month
lease end date unless terms of this contract are not adhered to by the tenant) The
tenant is required to provide the landlord a minimum 1 months notice to end the
tenancy agreement and vacate the property''

What are peoples interpretations of this clause?

We are in a fixed 12 month agreement which is stated near the front of the agreement.

The way I read the above clause is that the landlord cannot end the agreement prior to the 12 months, but the tenant doesn't have to wait until the 12 months are up and can end the agreement with ones months notice at any time.

What are peoples thoughts?

Thanks

mrginge

Reads like it.
However it might be deemed unfair since it is inequitable to the landlords position.
Or it might be fair given that presumably the LL provided the contract and you accepted it.

I guess you're trying to use it as a break clause. Highly intelligent legal minds (i.e not me) are required.

Mind_the_Gap

It's a pig ear of a bit of drafting.

Please could you quote the clause earlier in the agreement which refers to the fixed term and conditions pertaining to it?

G_M

A Break Clause (ie to 'break' or end a tenancy early) is only valid if it applies equally to both parties.

This is not a Break Clause.

It is a poorly designed clause which attempts to mirror the notice required by law applying to a Statutory Periodic Tenancy (which follows the initial 12 month fixed term).

It adds nothing to the fixed term, and nothing to a subsequent SPT. It can be ignored.

Neither the tenant nor LL can end the tenancy prior to the end of the initial 12 months fixed term without mutual agreement. To end it at the end of 12 months

* the LL must serve a S21 Notice giving 2 months notice (as required by the Housing Act 1988 )
* the tenant need not give any notice

The tenant cannot end the tenancy early.

The above assumes

a) this is Engand/Wales and
b) there is noting else of relevance in the contract

ali_hire

It's a bit ambiguous, isn't it.

It also implies that the landlord can give you the two month's notice at any time if you fall foul of any clause in the agreement.

Does this mean that he can get you out if you, for example, forget to let him know if you go away for a while?

If it states elsewhere that it's a 12 month fixed term then he won't be able to get you out (other than with a section 8 mandatory ground).

jjlandlord

A break clause does not have to apply equally to both parties.

As per legislation, it would likely be unfair if the contract drafted by the landlord would give him an unbalanced advantage.
However, of course, he is free to allow the tenant more rights.

As such there is nothing unfair in the present clause.

It is not unreasonable to interpret that clause as allowing the tenant to break at one month notice.

G_M

ali_hire wrote: »

It's a bit ambiguous, isn't it.

It also implies that the landlord can give you the two month's notice at any time if you fall foul of any clause in the agreement.

Does this mean that he can get you out if you, for example, forget to let him know if you go away for a while?

It does not over-ride the tenants statutory rights. The LL can only evict via a S21 Notice (requiring 2 months notice and only at the end of the fixed term) or via a S8 Notice for various breaches / other reasons, requiring a court order.

If anything it gives the tenant extra rights, since a S8 does not always need 2 months notice.

ali_hire

G_M wrote: »

It does not over-ride the tenants statutory rights. The LL can only evict via a S21 Notice (requiring 2 months notice and only at the end of the fixed term) or via a S8 Notice for various breaches / other reasons, requiring a court order.

If anything it gives the tenant extra rights, since a S8 does not always need 2 months notice.

Yeah, I edited because I didn't add the extra bit.

adamba

So do people reckon if I end the tenancy under this clause It will hold up?