24 Month Tenancy Break Clause

mbrew

Hi all,

I'm currently in rented accommodation and I am looking to buy my first house (exciting!!). I want to get out before the 24 months are up and move into an owned property. I'm currently in month 15 of 24 and I am baffled by the break clause. LL seems to read it differently:

"Break Clause
Notwithstanding the fixed term stated in Clause 1 of the Main Terms of the Tenancy, the
Parties hereby agree that this Agreement may be terminated by either party giving to the
other at least two months notice in writing, such notice not to expire until after twelve
months of the start date of the Term. At the end of such notice the Tenancy shall end and
all obligations and responsibilities shall cease; subject nevertheless to any claim by either
Party against the other in respect of any breach of any of the terms and conditions of the
Agreement
Should the Tenancy be terminated on a date which is not the last day of a rental period
then the Tenant’s obligation to pay rent shall cease on the termination date and the rent
payment will be apportioned accordingly."

The way I read that is that from months 1-12, no one can use the break clause to leave the contract. However you can from 12-24 as long as the expiration of the two months notice is after month 12.

Any advice?
Thanks in advance!!

ThePants999

Yes, that's right. What's your landlord's read of it?

mbrew

Thanks for the quick response!!

Landlord reads it that the break clause has 'passed' and that we would be breaking the contract if we were to leave before month 24.

I, however, can see no mention of the clause 'passing' in the wording. There are no dates assuming it is a set period. The only time-based mention is " such notice not to expire until after twelve months of the start date of the Term.". I haven't called them up on it as I wanted to get my head around it first!!

davidmcn

Your landlord is wrong. You can terminate on any date you like as long as it isn't earlier than the first anniversary and you give two months' notice.

ThePants999

Break clauses are NORMALLY written such that they can be activated at a particular point - this is an unusually flexible one - but the landlord's definitely wrong. If the intention was that you could only leave at exactly the 12 month mark, then
- why does notice have to expire AFTER the 12 month mark?
- why does the wording have that gubbins about termination not being on the last day of a rental period?

mbrew

Thank you both for your responses, very reassuring to know I was reading it correctly!