Help Understanding Break Clause

PecrySugden

Hi. I am desperate to leave my rented house and the thought of living here for the full 12 months fills me with dread. I have read my tenancy agreement and under 'Break Clause' it says this:

The Tenant may give the Landlord at least 2 months’ written notice not to take effect until after the end of the

first ten months of the Tenancy and not to expire any earlier than the end of the first twelve months of the

Tenancy or thereafter, of his intention to leave the Property/Premises by serving written notice upon The

Landlord in accordance with clause 39.3. Such Notice must also expire at the end of a relevant period, being

the day before Rent normally falls due, which is the 20th of the month.

Does this mean we can leave after 10 months? I can't work it out. Thanks

davidmcn

It's not very well worded, but I think the only reasonable interpretation is that it means you can serve two months' notice after 10 months i.e. so the earliest the tenancy can end is after 12 months.

PecrySugden

Thanks for your help. 

greatcrested

How long is the tenancy?

notice not to take effect until after the end of the first ten months of the Tenancy and not to expire any earlier than the end of the first twelve months of theTenancy

Ambiguous. "notice not to take effect" means serve notice at the 8 month point to take effect at 10 months.

But "not to expire" means the same ie serve notice at 10months to expire ('take effect') at 12 months.

Where contracts are ambiguous,courts tend to rule in favour of the party who did not draft the contract.

So you could try serving at 8 months to end the tenancy at 10 months and see if it goes to court.....

And if it's a 12 month contract that would add weight to the argument, since a Break Clause that could not end the tenancy before 12 months would not be a Break Clause at all!

saajan_12

PecrySugden said:

Hi. I am desperate to leave my rented house and the thought of living here for the full 12 months fills me with dread. I have read my tenancy agreement and under 'Break Clause' it says this:

The Tenant may give the Landlord at least 2 months’ written notice not to take effect until after the end of the

first ten months of the Tenancy and not to expire any earlier than the end of the first twelve months of the

Tenancy or thereafter, of his intention to leave the Property/Premises by serving written notice upon The

Landlord in accordance with clause 39.3. Such Notice must also expire at the end of a relevant period, being

the day before Rent normally falls due, which is the 20th of the month.

Does this mean we can leave after 10 months? I can't work it out. Thanks

Sounds pretty clear to me, earliest you can leave is 12 months after the start. The take effect after 10 months bit is when the 2 month notice period can start.. bit of a redundant clause, but hey. Your alternative is to negotiate an early surrender with the LL. Perhaps you can offer to help advertise / cover rent during any void / pay extra in return for getting your of your contract. 

Jumblebumble

greatcrested said:

How long is the tenancy?

notice not to take effect until after the end of the first ten months of the Tenancy and not to expire any earlier than the end of the first twelve months of theTenancy

Ambiguous. "notice not to take effect" means serve notice at the 8 month point to take effect at 10 months.

But "not to expire" means the same ie serve notice at 10months to expire ('take effect') at 12 months.

Where contracts are ambiguous,courts tend to rule in favour of the party who did not draft the contract.

So you could try serving at 8 months to end the tenancy at 10 months and see if it goes to court.....

And if it's a 12 month contract that would add weight to the argument, since a Break Clause that could not end the tenancy before 12 months would not be a Break Clause at all!

Surely the word "and" means that both conditions must be satisfied. ie 12 months