Break clause for fixed lease

Newuser221

I'm in the process of buying a house but still have 8 months of a 24 month lease remaining.

My landlord wants me to pay her costs to relet the property as well as rent until a new tenant is found.

The agent insists the break clause in the lease should have been triggered at 4 months.

I've read the contract and had a couple friends look at this. I'd be interested in views of forum members.

We believe that we can provide two months notice now and only be liable for the two months rent and no further costs.

The extract below is the clause.

Notwithstanding the provisions of the agreement relating to the term of the tenancy, it is agreed between the parties that if the tenant wishes to vacate the property, he may give the landlord or his agent no less than two months notice in writing to terminate the tenancy, provided that the tenancy is not terminated before six months from the commencement of the tenancy agreement.

Any termination in accordance with this clause shall not prejudice any claim of either party against the other in respect of any breach or non-observance of the provisions of this agreement.

For avoidance of doubt any notification must be made it writing to...

DTDfanBoy

The agent is incorrect

always_sunny

sounds like a standard break clause you can invoke after 4 months tenancy giving 2 months notice to leave on the 6th month!
Don't give notice till you exchange though

Newuser221

Thanks all, I assume the fact that we are in month 16 is irrelevant at this point because we are not within the initial 6 months. So once we exchange we can give notice and then walk away after two months not owing the landlord or the agent anything.

always_sunny

just make sure you align it to your payment cycles and it should be fine.

G_M

Newuser221 wrote: »

Thanks all, I assume the fact that we are in month 16 is irrelevant at this point because we are not within the initial 6 months. So once we exchange we can give notice and then walk away after two months not owing the landlord or the agent anything.

Correct.

No need to discuss this with the agent or landlord.

Simply give your 2 months notice in writing to the addressprovided on the TA.

If the LL/agent should raise issues at that point, write a friendly polite letter referring to the clause and enclosing a copy.