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Break Clause

Hello,

I'm looking to use the break clause to end my contract with my landlord:
10.12 Tenancy Break Clause
This Agreement may be terminated early by either party by giving to the other party two months’ notice
in writing at any time. Such notice should not expire until twelve (12) months of the term of this
agreement has passed and upon expiration of this notice this Agreement and everything contained within
it shall cease. For the avoidance of doubt such notice must expire no earlier than the 9th August 2020.

Please let me know if this allows me to end the tenancy after 4 months will 2 months notice as I emailed the Landlord and she says that we have no rights to end the contract until 10th of August 2020.

Many thanks!

Comments

  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 2 December 2019 at 5:59PM
    Date tenancy started?
    Term (length) of tenancy, or end date?

    The clause is clear:
    Such notice should not expire until twelve (12) months of the term of this Agreement.....
    For the avoidance of doubt such notice must expire no earlier than the 9th August 2020.
    I'm guessing your tenancy started on 10th August 2019 and was for a Term of 18 months or 2 years?
  • spadoosh
    spadoosh Posts: 8,732 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper Photogenic
    Seems really really clear, your two month notice can not end before the 9th august 2020.

    Basically tied for 12 months but can then give 2 months notice after this and leave after the two months notice.

    This will not allow you to end the tennancy after 4 months.
  • buggy_boy
    buggy_boy Posts: 658 Forumite
    Part of the Furniture Name Dropper Combo Breaker
    spadoosh wrote: »
    Seems really really clear, your two month notice can not end before the 9th august 2020.

    Basically tied for 12 months but can then give 2 months notice after this and leave after the two months notice.

    This will not allow you to end the tennancy after 4 months.

    Agree, it is very clear your tenancy started on I would guess 8th August this year, its unclear on the length but must be at least 12 months but guessing longer.

    The tenancy states that any notice must not end before 9th August 2020, you could give notice now that you will end the contract on 9th August 2020 but you cannot end it any earlier..
  • System
    System Posts: 178,429 Community Admin
    10,000 Posts Photogenic Name Dropper
    What is the context - unhappy with the property or have circumstances changed?
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • theartfullodger
    theartfullodger Posts: 15,988 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 2 December 2019 at 8:04PM
    It should read at least 2 months. Give 2 months means exactly 2
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    buggy_boy wrote: »
    Agree, it is very clear your tenancy started on I would guess 8th August this year, its unclear on the length but must be at least 12 months but guessing longer.
    What makes you think the 8th? Not that it matters as the clause is clear as to the earliest date the BC can be activated.


    I agree if the Term is 12 months the BC would be a nonsense, so it must be a Term longer than that - prob 18 or 24 months.
This discussion has been closed.
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