Argument over break clause

Scoper

Does anyone have experience of utilising a break clause in property rental?

My daughter is moving out of a property she rented in May 2019 under the T's and C's below. She gave 2 full months notice in October (after 5 months in property) of her wish to leave in December (so she would have stayed a full 7 months in property) which the letting agency initially accepted. Now letting agency have come back this week ( 2 weeks before the agreed moving out date) and said - landlord and agency interpretation of contract below means she can actually only give notice after 6 months - therefore she must stay a minimum of 8 months and pay rental until end of January!.

"2.5 Break Clause
2.5.1 This agreement creates a single tenancy that starts with a fixed term and then becomes periodic. This
would normally guarantee both parties the rights and obligations for the fixed term and a minimum of
one period. The following two clauses allow either party to terminate

2.5.2 The Landlord may bring the tenancy to an end at any time after 6 months from the start of the tenancy by giving to the Tenant at least two months’ written notice stating that the Landlord requires possession of the Property. A notice under section 21 of the Housing Act 1988 will suffice to implement this sub-clause.

2.5.3 The Tenant may bring the tenancy to an end at any time after 6 months from the start of the tenancy by giving to the Landlord at least two month’s written notice stating that the Tenant wishes to vacate the Property. A letter will suffice to implement this sub-clause. While the tenancy is periodic the one month’s written notice must expire the day before a Rent Due Date."

My non legal interpretation is that she should be able to give 2 months notice before the 6 months ( as she done) and leave "any time after 6 months" as contract states - but the agent now insists the minimum let is 8 months from these T's and C's.

We feel this is a rip-off. Does anyone have any knowledge of this stuff before we involve a legal expert ( who will probably cost the same as a months rent).

davidmcn

It could be clearer, but I think it reasonable to interpret the way you have i.e. the point at which the tenancy ends is after the two months' notice, so the earliest date on which the break could be effected is six months after the start of the tenancy.

Also, does it state anywhere else what the fixed term is to be? Or was it discussed at the time she took on the tenancy?

mimiduck

I would say you can leave anytime at or after six months as long as the appropriate notice has been given

SmashedAvacado

The rules of contracting are such that any ambiguity is going to be construed against the person that prepared the document - so if it were unclear / could be read both ways, you would get the benefit of the doubt

However, this is not unclear. Its unequivocal that you can end the tenancy after six months

It then states how you do this - by giving 2 months notice.

So as long as the notice does not expire until the tenancy is six months old, you are fine.

G_M

Scoper wrote: »

....
2.5.3 The Tenant may bring the tenancy to an end at any time after 6 months from the start of the tenancy by giving to the Landlord at least two month’s written notice stating that the Tenant wishes to vacate the Property. A letter will suffice to implement this sub-clause. While the tenancy is periodic the one month’s written notice must expire the day before a Rent Due Date."

.....

Unambiguous.


Serve notice at 4 months, bring tenancy to an end at 6 months.


(or any time thereafter)

Jumblebumble

G_M wrote: »

Unambiguous.


Serve notice at 4 months, bring tenancy to an end at 6 months.


(or any time thereafter)

In addition the lettings agent accepted the notice so what ever the contract said it's tough as they presumably also interpreted it as you do.

princeofpounds

There isn't much need to consult a legal expert in my personal opinion. The clause is quite clear and I concur with G_M. You are of course free to if you wish to get proper legal advice.

[Deleted User]

It does not say the notice can only be given after six month of tenancy, only that the tenancy can't be ended until it has lasted six months. So, as others have said, service 2 months notice after 4 months of tenancy, leave after 6 months of tenancy at which point the tenancy has ended.

But expect problems with getting deposit back. it looks like this LA is not one of the good ones. Take detailed photos of state of place before leaving. Locate any check in inventory.

theartfullodger

As above..



Just give notice any time after 4 months and go. Ensure you return keys to agent & take LOADS of photos of interior & exterior just in case arguments about deposit.


If landlord/agent says notice invalid and they want rent see if they sue: Bet they don't. If they do refer landlord/agent to this thread & defend yourself vigorously.



Best wishes & good luck: Artful: Landlord since 2000

SmashedAvacado

You dont have to wait until 4 months have passed to give notice. The lease provides for at least two months notice - what you just need to make sure is that whatever notice is given, you are not seeking to end the lease until 6 months have elapsed since the start of the notice.

newsgroup_monkey

Is this also not true?


This would normally guarantee both parties the rights and obligations for the fixed term and a minimum of one period.

Surely it would guarantee the tenant a minimum of 2 month's periods?
Unless something has changed, I was always under the impression that it was 1 month for the tenant, 2 months for the LL?