Meaning of invoke

AAconfused

When a valid break notice is given by a tenant and received by the landlord, the tenancy ends automatically at the end of the notice period. So what is the meaning of the term "invoke this break clause". Does it mean when the notice is given, or does it mean when the break occurs, or can it be either, or something else ?

mrginge

Please post the full text.

AAconfused

Sorry but I'm not asking what it means in a particular context.

LandyAndy

Invoke means to activate/make use of the clause. So it will be when the tenant gives notice under it.

Comms69

AAconfused wrote: »

Sorry but I'm not asking what it means in a particular context.

Then it can mean lots of things. Or the break clause could be invalid for lots of reasons.


I'd say it was invoked when notice was served; but without the full wording I wouldn't rely on that.

davidmcn

AAconfused wrote: »

Sorry but I'm not asking what it means in a particular context.

Then why are you asking?
I'm not aware of it having any special legal meaning otherwise. But going by the normal dictionary definition, you would invoke a break by serving notice.

Doozergirl

To invoke the break clause means to use it under the terms of the contract.

You would invoke it by giving notice.

00ec25

you have a contract that has 2 options:
a) let the contract run for its full term
or
b) use the break clause to end the contract earlier

if you select the option to use the break clause then you have "invoked" it because you are using it - the mechanism by which you invoke it is contained in the wording of the break clause: "by serving notice"

AAconfused

Ok thanks all for clarifying.

So what happens in a situation where the landlords agent insists that a break clause allows a break at the end of month eight at the earliest. But you can't invoke the break clause by creating a notice that gives two months notice after six months. It's not possible. Either it won't be after six months or it won't be two months notice.

G_M

AAconfused wrote: »

Ok thanks all for clarifying.

So what happens in a situation where the landlords agent insists that a break clause allows a break at the end of month eight at the earliest. But you can't invoke the break clause by creating a notice that gives two months notice after six months. It's not possible. Either it won't be after six months or it won't be two months notice.

I thought you said earlier:

Sorry but I'm not asking what it means in a particular context.

This seems like a "particular context."!

To get a precise answer you need to quote the precise words in the tenancy agreement, not your vague statement.

In legal matters, precise words matter!

00ec25

AAconfused wrote: »

Ok thanks all for clarifying.

So what happens in a situation where the landlords agent insists that a break clause allows a break at the end of month eight at the earliest. But you can't invoke the break clause by creating a notice that gives two months notice after six months. It's not possible. Either it won't be after six months or it won't be two months notice.

nonsense

you are so fixated on the word "invoke" you don't understand what the break clause is doing

it is invoked the moment you choose to use the option to break the contract via a break clause. The notice period is nothing to do with the invocation.