Break Clause Tenancy Advice

SittingJack

Hi guys,

I have a query regarding a break clause in my tenancy agreement. I want to use the break clause to leave my rented flat earlier than the end of the tenancy.
I signed a 2 year, assured shorthold tenancy, and initially the tenancy agreement included the below break clause -

"Either party shall have the right to terminate this Agreement by giving the other party not less than two months’ advance written Notice. In the case of the Tenant such Notice will only be effective if sent by recorded delivery to XXXX or alternatively via XXX. This Notice may not expire before the end of the first twelve months of the Tenancy"

As I understand it, this means you can´t use the clause in the first 12 months of the Tenancy. Am I correct in this?

A housemate used the break clause to leave in August 2018, a year into the tenancy, and myself and the remaining housemate found a new housemate and signed an updated contract including the new housemate during the same month. The Break Clause now looks like this in the new contract -

"Either party shall have the right to terminate this Agreement by giving the other party not less than two months’ advance written Notice. In the case of the Tenant such Notice will only be effective if sent by recorded delivery to XXXX or alternatively via email to XXXX"

What I would like to know is, with the absence of any specified time in the new clause, does this mean I can give notice using the Break Clause whenever I wish?
Also, does the below clause ensure that, when using the break clause, I do not have to pay the remaining rent due until the fixed term ends, even if my other housemates leave using the break clause too?

"If the Tenant vacates the Property prior to the end of the Fixed Term (or break clause if applicable), the Tenant will remain liable to pay Rent until the Fixed Term expires or the Property is re-let whichever is earlier"

Thank you for any assistance!

G_M

SittingJack wrote: »

...
I signed a 2 year, assured shorthold tenancy, and initially the tenancy agreement included the below break clause -

"Either party shall have the right to terminate this Agreement by giving the other party not less than two months’ advance written Notice. In the case of the Tenant such Notice will only be effective if sent by recorded delivery to XXXX or alternatively via XXX. This Notice may not expire before the end of the first twelve months of the Tenancy"

As I understand it, this means you can´t use the clause in the first 12 months of the Tenancy. Am I correct in this?
Yes. You can serve notice to end the tenancy after 10 months, to expire 2 months later ie after 12 months.

A housemate used the break clause to leave in August 2018, a year into the tenancy, and myself and the remaining housemate found a new housemate and signed an updated contract including the new housemate during the same month.
So the original tenancy has ended and I've just wasted time reading it and commenting yes?
The Break Clause now looks like this in the new contract -

"Either party shall have the right to terminate this Agreement by giving the other party not less than two months’ advance written Notice. In the case of the Tenant such Notice will only be effective if sent by recorded delivery to XXXX or alternatively via email to XXXX"

What I would like to know is, with the absence of any specified time in the new clause, does this mean I can give notice using the Break Clause whenever I wish?
Yes - assuming you are the sole tenant. If you are a joint tenant, then you all have to end the tenancy.

Also, does the below clause ensure that, when using the break clause, I do not have to pay the remaining rent due until the fixed term ends, even if my other housemates leave using the break clause too?
Do you have
a) a joint and severaltenancy? ie all housemates signed upon the same contract as joint tenants? or
b) an individual tenancy in your sole name? ie each tenant has their own contract?

If a) applies (as I suspect) then the tenancy ends for everyone or not at all.

"If the Tenant vacates the Property prior to the end of the Fixed Term (or break clause if applicable), the Tenant will remain liable to pay Rent until the Fixed Term expires or the Property is re-let whichever is earlier"

Thank you for any assistance!

Individual tenancies or joint and several?

Naturally if 'the tenant' leaves before the tenancy is ended, then rent continues to be due.

'The Tenant' is either one of you, or all of you, depending on the answer to the question I have asked.