2 months notice break clause - can I give notice mid month?

Hannahev

Hi,

I'm looking to give 2 months notice on my flat as outlined in my break clause but I am trying to time it for a weekend that I can move so I don't have to take time off work.

Looking at handing my notice in on the 15th of a month but my contract runs from the 26th of each month. The way I have understood the break clause is that I can give notice at any point as long as it is 2 months but have read elsewhere the 2 months has to be from the date which a contract runs from.

Break clause is:

It is further agreed by both parties that the Tenant may terminate this agreement on or after the 26th March 2018 by giving the Landlord or Landlord's agent 2 months prior written notice of their intention to do so. The Landlord or Landlord’s agent may terminate the agreement by giving the Tenant 2 months prior written notice of their intention to do so.

I also queried this via email with the agent when signing the contract and was told that yes, my understanding was correct - the wording of this is below.

With the break clause have I understood it correctly that 2 months notice can be given by either party to leave the property any date between 26th March - 25th September?

Don't really want to ask the agent these questions so any help would be appreciated! Really want to avoid a situation where I have to change my moving dates.

Thanks!

davidmcn

Two months can start any date you like. If it was meant to mean a certain date within a month it would say so.

steampowered

There's nothing stopping you from giving a bit more than 2 months' notice if you like. If you know the date, just serve notice now saying that you are ending your tenancy effective on the 15th.

G_M

This makes no sense.

Hannahev wrote: »

I'm looking to give 2 months notice on my flat as outlined in my break clause.....

...... my contract runs from the 26th of each month.
So you have a periodic tenancy, not a fixed term tenancy.


.....

Break clause is:

It is further agreed by both parties that the Tenant may terminate this agreement on or after the 26th March 2018 by giving the Landlord or Landlord's agent 2 months prior written notice of their intention to do so. The Landlord or Landlord’s agent may terminate the agreement by giving the Tenant 2 months prior written notice of their intention to do so.

This would only be applicable if you were in a fixed term contract.


You cannot 'Break' a periodic tenancy - you just serve notice.

If on the other hand, you are in a fixed term, then your contract does not " runs from the 26th of each month.".


It runs from the start of the fixed term to the end of the fixed term.