AST Break Clause Clarification

lepon

Hi everyone,

I’m renting and started a 12 month tenancy agreement (AST) on 7th March. There is a 6 month break clause in the agreement.

Here is the wording:
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 six 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.


If I wanted to end the agreement at the earliest possible date using this, when would I need to send the notice, and when will the earliest end date be?

Thanks!

chunkytfg

2 months before the 6 month date

saajan_12

lepon wrote: »

Hi everyone,

I’m renting and started a 12 month tenancy agreement (AST) on 7th March. There is a 6 month break clause in the agreement.

Here is the wording:
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 six 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.


If I wanted to end the agreement at the earliest possible date using this, when would I need to send the notice, and when will the earliest end date be?

Thanks!

The earliest date you can terminate is the day after 6 months are complete ie day 1 of month 7. For this you need to serve notice by day 1 of month 5.

SmashedAvacado

I would suggest 8 September
Serve notice not later than 7July
Make sure you fully comply with the notice provisions of the lease in terms of where served / how served / when served - ie some notices are only deemed served 3 days after posting so you would need to work back from then. You could serve now if you wanted to - if you are sure you won't change your mind - notice can be as early as you like.

Benight

lepon wrote: »

Hi everyone,

I’m renting and started a 12 month tenancy agreement (AST) on 7th March. There is a 6 month break clause in the agreement.

Here is the wording:
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 six 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.


If I wanted to end the agreement at the earliest possible date using this, when would I need to send the notice, and when will the earliest end date be?

Thanks!

You only started this 12 month tenancy 2 months ago, and you are looking to get out already? :eek:

You can give notice today if you like

The sooner you start the discussion, the sooner you may be able to get out of the contract. Notwithstanding what the agreement says, if you want out, and the LL can find another tenant (perhaps with your help, even better if they are prepared to pay more than you agreed in rent in this ever rising rents market), and you agree to cover any other LL's reasonable costs that are not otherwise covered by the new tenant, then you may be able to quit sooner than you think.

Get the deal done and dusted before the end of this month, and the new tenant may pay all the relevent fees; therafter, the LL's fees for a new tenancy agreement for somebody else may be quite hefty.
https://www.moneysavingexpert.com/news/2019/01/letting-fees-to-be-banned-from-june/

G_M

saajan_12 wrote: »

The earliest date you can terminate is the day after 6 months are complete ie day 1 of month 7. For this you need to serve notice by day 1 of month 5.

Earliest end date is 8th sept. Notice to be served on/before 7th july.

AndyTails

No idea where 8th September and 7th July are coming from.

You started on 7th March. Therefore month 1 runs from 7th March to 6th April, month 6 runs from 7th August to 6th September.

Therefore the earliest day you can have as the last day of your tenancy is 6th September. You need to provide notice at least two months before that, so by 6th July. Note that you can give more than two months, and allowing for postal delays etc. is a good idea.

G_M

AndyTails wrote: »

No idea where 8th September and 7th July are coming from.

You started on 7th March. Therefore month 1 runs from 7th March to 6th April, month 6 runs from 7th August to 6th September.agreed

Therefore the earliest day you can have as the last day of your tenancy is 6th September. Not agreed. That would be exactly 6 months.

....

such notice not to expire until after six months of the start date of the Term.

So 7th Sept (not 8th as I previously said).

and allowing for postal delays etc. is a good idea.

post 1st class (obtaining 'roof of posting' from the PO) and delivery is deemed in law as two postal working days later.