Notice and email

1122abc

I renewed a 12 months fixed term tenancy on September 10th 2020. It has a 6 month break clause. 

The landlord emailed me this before I signed the contract:
” The tenancy will have a 6 months break clause. This means that if you wish to depart after 6 months after Sep 2020, this is fine. You will need to give 2 months’ notice.”

The tenancy says this:
On the front page “12 months fixed term contract with 6 months break clause”. 

The break clause NOR the 2 months notice are mentioned anywhere in the tenancy (except from briefly on the front page). 

I wish to leave before the 12 months is up. 

Am I correct by saying that I can only leave at 6 months (March 2021) OR at 12 months (September 2021)? Or does a 6 month break clause mean that you must stay for at least 6 months and then after that, 2 months notice is required? For example can I leave in June if I give notice in April?

I cannot clarify this with my landlord as the position is not clear given that it hasn’t been properly detailed in the tenancy and he will not take kindly to me leaving early at all. 

AdrianC

Correct. The break clause is a once-and-once-only thing.

You can move out in March (notice in Jan), Sept (no need for notice) or any time after Sept (one month notice).

Or... you can move out any time, subject to mutual agreement with your landlord.

1122abc

AdrianC said:

Correct. The break clause is a once-and-once-only thing.

You can move out in March (notice in Jan), Sept (no need for notice) or any time after Sept (one month notice).

Or... you can move out any time, subject to mutual agreement with your landlord.

Thanks!

dimbo61

Why do you think the Landlord will not take kindly to you giving notice on or before the 10th of January that you want to move out on the 10th of March 2021 ?
You have already been in the property 12 months as you have renewed the tenancy ? 
I am sure the Landlord would like to keep a tenant who pays the rent and looks after the property.
It's been your home for 15 months already and moving home wether buying or renting is stressful and time consuming. 
Finding a new property, checks, deposit, moving and redirecting mail all costs money but hundreds of thousands of people do it each year.
If you need to move then serve your notice and keep your LL informed.

1122abc

Sorry to bump but I’ve spoken to a friend who is a (family) lawyer and has read the initial email as:

I read this as, if I want to leave AFTER March 2021 (“after 6 months after Sep 20), I have to give 2 months’ notice. So if I want to leave in June, I can give notice in April. The wording is “depart AFTER 6 months AFTER Sep”. 

moneysavinghero

Instead of getting lawyers to interpret the wording, why not just ask the landlord what he is happy with. If you can come to a mutual agreement it doesn't matter about the wording. If you don't like the answer the LL gives, then you can start looking at what you are legally entitled to do. 

1122abc

moneysavinghero said:

Instead of getting lawyers to interpret the wording, why not just ask the landlord what he is happy with. If you can come to a mutual agreement it doesn't matter about the wording. If you don't like the answer the LL gives, then you can start looking at what you are legally entitled to do. 

Because the wording isn’t clear, I worry that the LL may interpret it in a way that benefits them

Are you able to help me understand the meaning?

moneysavinghero

You have told us that the tenancy agreement only states '12 months fixed term contract with 6 months break clause'. Adrian has already explained to you what this means.

The email (not the tenancy agreement) is where the wording is not clear. This suggests the LL possibly may be willing to let you move out at any point after March. You need to speak to the LL and ask him if it's ok. You are going to get no where tying yourself up in knots trying to guess what is in the LL's mind.

1122abc

moneysavinghero said:

You have told us that the tenancy agreement only states '12 months fixed term contract with 6 months break clause'. Adrian has already explained to you what this means.

The email (not the tenancy agreement) is where the wording is not clear. This suggests the LL possibly may be willing to let you move out at any point after March. You need to speak to the LL and ask him if it's ok. You are going to get no where tying yourself up in knots trying to guess what is in the LL's mind.

Would anything in the email be legally binding?

steampowered

The email won't be legally binding I'm afraid. The signed tenancy agreement will supercede anything in the email.

The signed tenancy agreement is clear that the break clause is a once-and-only thing - you can leave at 6 months or at 12 months - this is normal. 

It would be a good idea to contact the landlord to let him know that you wish to leave the property on X date. Your landlord probably hasn't read the tenancy agreement properly and might think you are entitled to leave early. Or he might be willing to let you leave early anyway. Or he might be willing to let you leave early so long as another tenant can be found. You won't know unless you ask.

greatcrested

* Normally such an email would be legally unenforceable, though it suggests what the landlord intended.

* the wording in the tenancy agreement is what normally matters legally

* the TA says "with 6 months break clause” which almost certainly restricts termination of the tenancy to the 6 month date

* there is some ambiguity - typically 6 month Break Clauses permit termination (subject to notice) to any time after 6 months, but it would be usual for TA to have a clause spelling this out one way or the other

* the lack of notice specified in the TA adds further ambiguity

* where a contract is ambiguous, courts almost always interpret them to the advantage of the party that did not write the contract - in this case the tenant.

* courts might also look at the intention of the parties - and hence the email might indeed be taken into account given the sparsity of detail in the TA.

* So if you gave notice after, say 7 months to leave after 9 months, and the LL claimed this was not permitted and demanded rent to the end of te fixed term, you could challange this in court (or he could if you refused to pay the additional rent).

* it is incertain how the court would decide though.....

Sorry I can't give a definitive answer - sometimes the law is unclear which is why courts exist to make rulings.

But as others have said, if you can reach an amicable agreement regarding a termination date, the legalities of the situation become irrelevant. Make sure any such agreement is confirmed in writing.