Help please....tenancy agreement break clause

pickles13

Just so that I am sure, can someone help with this please......

My tenancy agreement says the following RE break clause....

It is further and mutually agreed between the parties that the tenant may terminate this agreement by giving to the landlord at least one months prior written notice of their intention to so do such notice to be served and delivered by hand or 1st class post an shall not expire before 31st May 2015 at which time this tenancy shall determine absolutely but without prejudice to any claim by either party against the other in respect of any antecedent breach or non observance of the provisions of the agreement.


We have just had our offer accepted on a house and the vendor is saying that she would like to push for an end of may completion date. I just need to work out exactly when we can leave here! Also, I obviously do not want to give notice here then the sale fall through so I (think) I have read on here not to give notice until the exchange has taken place. Is that correct? If so, would that mean it is possible to have a one month gap between exchange and completion?

Thank you

Socksey

Easiest thing is just to talk to the LL or LA and let them know the situation. You have to give a months notice either way so giving them a heads up earlier than that is not going to disadvantage you in any way with them ...

G_M

1) Never give notice before Exchange in case the purchase falls through
2) yes you can agree a 1 month gap between exchange and completion...... provided the seller agrees
3) Please clarify your tenancy.
* English or Scottish?
* Fixed term? Start/End dates?
4) you can end the tenancy whenever you like, with as little notice you like, provided the landlord agrees. So if you discuss in advance with the LL he may be flexible.

* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

pickles13

G_M wrote: »

1) Never give notice before Exchange in case the purchase falls through
2) yes you can agree a 1 month gap between exchange and completion...... provided the seller agrees
3) Please clarify your tenancy.
* English or Scottish?
* Fixed term? Start/End dates?
4) you can end the tenancy whenever you like, with as little notice you like, provided the landlord agrees. So if you discuss in advance with the LL he may be flexible.

* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

Thanks. We are in England. It tenancy was for a fixed term of 2 years, and we extended in for another year when it ran put but asked for a 6 month break clause as we knew we were in a position to buy. I don't think our LL would agree to us ending the tenancy unless we do it exactly by the tenancy agreement...

G_M

* Fixed term? Start/End dates?

rpc

pickles13 wrote: »

It is further and mutually agreed between the parties that the tenant may terminate this agreement by giving to the landlord at least one months prior written notice of their intention to so do such notice to be served and delivered by hand or 1st class post an shall not expire before 31st May 2015 at which time this tenancy shall determine absolutely but without prejudice to any claim by either party against the other in respect of any antecedent breach or non observance of the provisions of the agreement.

If you are still within the fixed term then ,as I read it, you are free to leave any time after 31st May. You need to give one month notice, but the dates of this notice (using your contractual right) need not align with a tenancy period.

pickles13

Renewed 1st November 2014, end date is 1st November 2015 with 6 month break clause. I think this is what you mean?

pickles13

rpc wrote: »

If you are still within the fixed term then ,as I read it, you are free to leave any time after 31st May. You need to give one month notice, but the dates of this notice (using your contractual right) need not align with a tenancy period.

Ok, we could give one months notice on 30th April (planned exchange date) and leave on 31st May? I really am not sure why this is confusing the hell out of me!

Emmylou_2

Best to give yourself a couple of days (minimum) overlap - that way you can move all the furniture out (and into the new place) and then go back and do the end of tenancy clean etc without having boxes in the way.