Leave property after 6 months break clause?

jayutd

Hi,

My partner and I have been renting through an agency for over 1.5 years. After our first fixed term tenancy ended after 12 months, the landlord asked us to sign a new one.

The agreement had a 6 month break clause which was in January, I’m wondering if we can still use that break clause now or did we have to do it back in Jan?

We want to provide our 2 months notice to leave, the agent doesn’t want to discuss it with us and are being very vague.

many thanks 

Sistergold

The contract with the break clause should say how this clause is to be activated by either parties. For example my break clause stated that I or they needed to tell them or me in writing x months before the 6th month that I would want to move at the end of the 6th month. The contract was such that the landlord could ask me to leave or I could ask to leave halfway(6months) for whatever reason. 

jayutd

Sistergold said:

The contract with the break clause should say how this clause is to be activated by either parties. For example my break clause stated that I or they needed to tell them or me in writing x months before the 6th month that I would want to move at the end of the 6th month. The contract was such that the landlord could ask me to leave or I could ask to leave halfway(6months) for whatever reason. 

We have something similar, I was under the impression that we couldn’t as to leave until  x date after 6 months, but we could provide two months notice any time after this.

I have re-read it and think i had to provide on x date, not after. I’ve missed it by a week, does this mean I can’t leave now?

canaldumidi

Please tell us:

1) the start and end dates of the latest contract you signed, and

2) the exact wording of the Break Clause.

Only then can we answer your question.

nekr0mantik

if its a 6 month break clause that usually means you can leave anytime after 6 months with 2 month notice. So earliest notice would been at month 4 so that takes you to month 6. I never seen a break clause only be there for a short period. They are normally applicable after a certain period. In your case after 6 months you may leave providing you have given 2 months notice.

Sistergold

My understanding was if I did not ask to leave at or by say month 4 to say at month 6 I plan to go then I would need to stay until the end of the tenancy. Basically it was a 1yr contract with a 6 months break clause. So either I left midway by giving notice failure which I stay till the end. 

Hope I am making sense, I am even confusing myself.
It should clearly say in the contract.

canaldumidi

nekr0mantik said:

if its a 6 month break clause that usually means you can leave anytime after 6 months with 2 month notice. So earliest notice would been at month 4 so that takes you to month 6. I never seen a break clause only be there for a short period. They are normally applicable after a certain period. In your case after 6 months you may leave providing you have given 2 months notice.

That is an assumption. You may be right, but until the OP clarifies the Break Clause we can only guess.

Sistergold said:

My understanding was if I did not ask to leave at or by say month 4 to say at month 6 I plan to go then I would need to stay until the end of the tenancy.

Your understanding may or may not be correct, but until you clarify the Break Clause we can only guess.

Sistergold

canaldumidi said:

nekr0mantik said:

if its a 6 month break clause that usually means you can leave anytime after 6 months with 2 month notice. So earliest notice would been at month 4 so that takes you to month 6. I never seen a break clause only be there for a short period. They are normally applicable after a certain period. In your case after 6 months you may leave providing you have given 2 months notice.

That is an assumption. You may be right, but until the OP clarifies the Break Clause we can only guess.

Sistergold said:

My understanding was if I did not ask to leave at or by say month 4 to say at month 6 I plan to go then I would need to stay until the end of the tenancy.

Your understanding may or may not be correct, but until you clarify the Break Clause we can only guess.

You are right 

Robbo66

nekr0mantik said:

if its a 6 month break clause that usually means you can leave anytime after 6 months with 2 month notice. So earliest notice would been at month 4 so that takes you to month 6. I never seen a break clause only be there for a short period. They are normally applicable after a certain period. In your case after 6 months you may leave providing you have given 2 months notice.

Not normally, a 6 month break clause normally means you can serve notice after 6 months not before, OP give the exact break clause wording in you AST otherwise its all guess work

saajan_12

The correct answer is "no idea". Anyone here telling you it is X or it is Y has a good chance of misleading you. OP, please just quote the terms of the break clause. 

jayutd

Thanks for your help all, please see wording below:

” The Tenant shall have the right to terminate the tenancy on 24th January 2022 by giving to the Landlord no less than two months written notice before this date. Upon the expiration of such notice this Agreement and everything herein contained shall cease and be void subject nevertheless to the right of the parties in respect of any antecedent breach of any of the covenants herein contained. Should the break clause not be activated the tenancy shall continue until the end of the fixed term of the Agreement.”