Ending a tenancy before the end of agreement

Vincent-rew

Never had to do this so I am unsure on how to go about it

My partner and I are in a position to buy so want to leave out rented accommodation, ideally I would like to do such and not have deposit effected cause of this.

In our contract there is an addendum that states either party has the right to terminate the tenancy after the first six months as long as they give Two months notice

I will try and get the exact wording if needed but does this mean after 6 months (this April) we can in effect give two months notice and not be charged for breaking contract ?

G_M

Probably.

But without the exact wording, how do we know?

Vincent-rew

Fair point

The exact wording is

Addendum
1. The landlord shall have the right to terminate the Tenancy at the end of the first six month period by giving the Tenant not less than TWO MONTHS notice, in writing, to that effect and, upon the expiration of such notice, this Agreement and everything herein contained, shall cease and be void subject, nevertheless, to the right of the parties in respect of the antecedent breach of any covenants herein contained. The period of TWO MONTHS notice must expire on the rent day.
2. The tenant shall have the right to terminate the tenancy at the end of the first six month period by giving the Landlord not less than TWO MONTHS notice, this agreement and everything herein contained, shall cease and be the void subject, nevertheless, to the right of the parties in respect of any antecedent breach of any of the covenants herin contained, The period of TWO MONTHS notice must expire on the rent day.

AnotherJoe

I read that as meaning either party can give notice at 4 months in at the latest, so the period expires at 6 months. NOT that after six months is up it then reverts to 2 months going forward.

G_M

I assume it is a 12 month contract. Though it could be 18, 24 or indeed any other number of months.

Assuming 12 months, there are three possibilites:

1) leave after 12 months when the tenancy ends

2) leave after (exactly) 6 months, by ending the tenancy at that point, having served notice at, or before, the 4 month point.

3) leave at any other time, by reaching a negotiated agreement with the landlord,to surrender the tenancy whenever you both agree.

Vincent-rew

Yeah it's a 24 month contract

So if we don't leave after 6 months we have to wait unless we agree a end with our landlord

G_M

Vincent-rew wrote: »

Yeah it's a 24 month contract

So if we don't leave after 6 months we have to wait unless we agree a end with our landlord

If you don't leave AT 6 months, you are left with 2 options thereafter:

1) leave after 24 months when the tenancy ends

2) leave at any other time, by reaching a negotiated agreement with the landlord,to surrender the tenancy whenever you both agree.

agrinnall

If the interpretations of the clause are correct then you can't use it to leave in April because you would have needed to give your 2 months notice by the appropriate date in February, which you didn't. However, I have to wonder whether the intention of the clause is different to the literal meaning, it seems a bit odd to me to have a single break point at 6 months in a 24 month tenancy. I suspect that the intention may have been that the 2 months notice can be given at any point after 6 months, but it's been badly written. A discussion with your landlord may clarify things, hopefully to your advantage.

G_M

agrinnall wrote: »

If the interpretations of the clause are correct then you can't use it to leave in April because you would have needed to give your 2 months notice by the appropriate date in February, which you didn't. However, I have to wonder whether the intention of the clause is different to the literal meaning, it seems a bit odd to me to have a single break point at 6 months in a 24 month tenancy. I suspect that the intention may have been that the 2 months notice can be given at any point after 6 months, but it's been badly written. A discussion with your landlord may clarify things, hopefully to your advantage.

perhaps, but not necessarily.

Many LL's, and tenants, seek security. LLs don't want their tenants leaving (unless they're rubbish tenants), and tenants don't want to be evicted.

Hence a fixed 24 month contract, giving both sides certainty.

The 6 month Break Clause gives an opportunity for each side to 'suss out' the other: is he a good landlord? is he a good tenant? If all goes well in the first 6 months, then the next 18 months are secured.