Need help deciphering break clause

kellywriter02

Hello I’m currently in a 12 month fixed term tenancy. There is a break clause but I’m confused as to it’s wording and what it means. It seems to say I can’t use the break clause until after 12 months but why would that be the case?

This is the wording:

“In the case of an Assured Shorthold Tenancy the Landlord and the Tenant may brkng the tenancy to and end (but not earlier than twelve months from the commencement date or the date of this agreement whichever shall be later) by giving the other party not less than two months written notice on or before the next rent payment date stating, in the case of a notice given by the landlord, that the Landlord requires possession of the premises and not less than one month’s notice on the rent payment date in the case of a notice given by the tenant that he requires to terminate the tenancy.”

My tenancy started on the 27th January. Just looking for the interpretation.

ThePants999

That doesn't look like a break clause to me. As you say, it can't be invoked in the first 12 months, so if the tenancy is for 12 months then it looks more like part of the definition of the contractual periodic tenancy that'll come into force when the fixed period ends.

tacpot12

An Assured Shorthold Tenancy (AST) would normally convert to a periodic tenancy after 6 months. The wording in your tenancy agreement extends this to 12 months - so its not a break clause and is worse than a normal AST.

However, if the landlord and the tenant want to agree that the tenancy is terminated early, there is usually a clause in the agreement saying that the agreement cannot be varied except if both parties agree. This would allow you to terminate the agreement. I would recommend you give as much notice as you are able to do so, if you want to terminate the agreement before 26th Jan 2019.

G_M

tacpot12 wrote: »

An Assured Shorthold Tenancy (AST) would normally convert to a periodic tenancy after 6 months.
Rubbish. Depends entirely on the Term of the contract.

The wording in your tenancy agreement extends this to 12 months
Rubbish. The Term of the contract is 12 months. Thee 'Break Clause' does not extend tthat.

- so its not a break clause and is worse than a normal AST.
Agreed. It s not a Break Clause. It is a clsue that has no legal impact, either positively or negatively.

However, if the landlord and the tenant want to agree that the tenancy is terminated early, there is usually a clause in the agreement saying that the agreement cannot be varied except if both parties agree.
Rubbish. Such a clause is very rare. And meaningless, since

* witthout agreement, the Term cannot be shortened by either side
* with agreement, it can be shortened whether such a clause is included or not.

This would allow you to terminate the agreement. I would recommend you give as much notice as you are able to do so, if you want to terminate the agreement before 26th Jan 2019.

Giving ' as much notice as you are able to' will not help to end the tenancy earlier than 26/1/19.

What is required is a request to surrender the tenancy early (not 'notice'), which the landlord can agree to, or turn down.

To be clear, the Break Clause quoted was probably included as part of a standard contract. In a 2 year contract, it would have meaning. In a 12 month contract, it is meaningless.