Break Clause & date to serve(from Tenenant PoV)

saskay

Hi,
I'm into the 3rd month of a 24-month Assured Shorthold Tenancy in England and since my circumstances have changed I would like to get out of the contract at the earliest.

The contract started on 2nd-Sep-2014 & my rent is due on the 3rd of every month and under Term section of the contract, the contract reads:
A term certain of 24 months, from 2nd September 2014. This agreement may be terminated no sooner than six months from the commencement date by the tenant giving two month's written notice or the landlord giving two month's written notice to take effect from the next rent due date following service of such notice.

I believe the above is what is called a Break Clause & I have a few questions about how to correctly use it.

1. On March 2nd, 2015 I will complete six months, so if I want the tenancy to end on 3rd March, can I serve the 2 month notice on 2nd Jan? or
2. Should the notice period begin after the 1st six months of the contract have elapsed and therefore serve the notice on 2nd March and vacate on 2nd May.
3. The owner lives abroad so on the contract it mentions the owner's name C/O Letting Agents. So, should I send the notice to Owner at the Letting Agents' address? Should I also send one to his overseas address?

G_M

saskay wrote: »

Hi,

1. On March 2nd, 2015 I will complete six months,
   No. On March 1st 2015
   
2. so if I want the tenancy to end on 3rd March, No, on March 1st can I serve the 2 month notice on 2nd Jan? Yes, or sooner or
3. Should the notice period begin after the 1st six months of the contract have elapsed No and therefore serve the notice on 2nd March and vacate on 2nd May.No
4. The owner lives abroad so on the contract it mentions the owner's name C/O Letting Agents. So, should I send the notice to Owner at the Letting Agents' address? Should I also send one to his overseas address?

4) The tenancy agreement (or a seperate written document) must by law ( Landlord and Tenant Act 1987 ) give you an address for the landlord in the UK "for the serving if notices".

It sounds like this is c/o the agent. So you send the notice there.

By allmeans, as a courtesy, send a copy to the LL overseas also if you have an address/email etc.

jjlandlord

The clause states "2 months notice", so to be on the safe side you should give exactly two months notice.

Furthermore, it states that the notice "takes effect from the rent due date following service". Leaving aside the issue that if the rent is due monthly the notice cannot become effective on the next rent due date, this means that the tenancy would end on 2nd March since the rent is due on the 3rd.

Don't bother sending a copy of the notice overseas.