Help! Is this a break clause?

sickasachip13

Hi there,

I've some issues with my landlord (some of which are quite concerning) and I'd like to understand whether I have a break clause in my contract.

We rented from him for over a year and then in October last year we renewed our contract for another 12 months.
This is the paragraph I'd really like help with:

"The tenant may give the landlord at least two months written notice which cannot expire any earlier than the end of the first six months of the tenancy or thereafter of his intention to leave the premises by serving written notice upon the landlord. Such notice must also expire at the end of a relevant period, being the day before the rent normally falls due. Upon expiry of this notice the agreement shall cease except that either the landlord of the tenant can pursue their legal remedies against the other for any breach of pre-existing rights under the agreement apart from the pre-existing right to a fixed term contract which is subject to this break clause"

Forgive me if these are stupid questions but is my understanding correct:?:

a) we can leave the tenancy before the full 12 months?
b) we couldn't in the first six months but could now because we're almost 8 months in?
c) we need to give two months written notice
d) the end of the notice period should line up with the day before our rent is due (21st of the month)

Also, does it matter that I do not have a copy of my contract signed by him (he never returned a copy to me)?

Thanks for any help!

jjlandlord

Yes, it's a break clause.
Just follows what it states if you want to end the tenancy.

G_M

sickasachip13 wrote: »

"The tenant may give the landlord at least two months written notice which cannot expire any earlier than the end of the first six months of the tenancy or thereafter of his intention to leave the premises by serving written notice upon the landlord. Such notice must also expire at the end of a relevant period, being the day before the rent normally falls due. Upon expiry of this notice the agreement shall cease except that either the landlord of the tenant can pursue their legal remedies against the other for any breach of pre-existing rights under the agreement apart from the pre-existing right to a fixed term contract which is subject to this break clause"

Forgive me if these are stupid questions but is my understanding correct:?:

a) we can leave the tenancy before the full 12 months? Yes
b) we couldn't in the first six months but could now because we're almost 8 months in? Yes
c) we need to give two months written notice yes - ending the day before rent day
d) the end of the notice period should line up with the day before our rent is due (21st of the month)Yes, so 20th.

Also, does it matter that I do not have a copy of my contract signed by him (he never returned a copy to me)? No, provided there is no dispute about the fact that this tenancy agreement was agreed.

Thanks for any help!

Lack of the agreement only becomes relevant if the LL denies it exists.

But in that case your tenancy would be periodic (rolling) so you would only have to give one months notice (aligning with periods).

If you want to leave at the end of the 10th month, get your notice in before month 8 ends!

sickasachip13

That's brilliant thanks folks :-)
:beer: