Break clause

Fender4

Hello can someone please help me unpick this.

I'm in a 24 month contract which started in Feb 2021 however it appears that there is a break clause. 

Does this mean I can give 2 months notice and move out before the end of the 24 months or have I missed the opportunity? 


Landlord Break Clause at six months - AST Notwithstanding the fixed Term as stated in Clause 4 of The Main Terms of the Tenancy above the Parties hereby agree that this Agreement may be terminated on or after 23 August 2021 by the Landlord or his Agent giving to the Tenant at least two months’ prior notice in writing or such notice period as required by legislation at that time (whichever is the longer). The notice is to be served as set out in Clause 5.2 of Schedule 3 above to the address of the Premises as shown in this Agreement.  At the end of such notice the Tenancy shall end and all obligations and responsibilities shall cease; subject nevertheless to any claim by either Party against the other in respect of any breach of any of the terms and conditions of the Agreement. Should the Tenancy be terminated on a date which is not the last day of a Rental period then the Tenant’s obligation to pay Rent shall cease on the termination date and the Rent payment will be apportioned accordingly Tenant’s Break Clause – General Notwithstanding the fixed Term as stated in Clause 4 of The Main Terms of the Tenancy above the Parties hereby agree that this Agreement may be terminated by the Tenant giving to the Landlord or his Agent at least two months’ prior notice in writing, such notice not to expire until after six months of the Term have elapsed. For the avoidance of doubt the Tenancy cannot be ended before 17/08/2021. The notice is to be served as set out in Clause 5.3 of Schedule 3 above to the address shown in Clause 5.1 of Schedule 3 of this Agreement. At the end of such notice the Tenancy shall end and all obligations and responsibilities shall cease; subject nevertheless to any claim by either Party against the other in respect of any breach of any of the terms and conditions of the Agreement. Should the Tenancy be terminated on a date which is not the last day of a Rental period then the Tenant’s obligation to pay Rent shall cease on the termination date and the Rent payment will be apportioned accordingly.  

canaldumidi

Fender4 said:

I'm in a 24 month contract which started in Feb 2021 however it appears that there is a break clause. 

Does this mean I can give 2 months notice and move out before the end of the 24 months or have I missed the opportunity? 

Yes.

this Agreement may be terminated by the Tenant giving to the Landlord or his Agent at least two months’ prior notice in writing, such notice not to expire until after six months of the Term have elapsed.

But you must serve notice properly

The notice is to be served as set out in Clause 5.3 of Schedule 3 above to the address shown in Clause 5.1 of Schedule 3 of this Agreement.

saajan_12

Fender4 said:

Hello can someone please help me unpick this.

I'm in a 24 month contract which started in Feb 2021 however it appears that there is a break clause. 

Does this mean I can give 2 months notice and move out before the end of the 24 months or have I missed the opportunity? 


Landlord Break Clause at six months - AST Notwithstanding the fixed Term as stated in Clause 4 of The Main Terms of the Tenancy above the Parties hereby agree that this Agreement may be terminated on or after 23 August 2021 by the Landlord or his Agent giving to the Tenant at least two months’ prior notice in writing or such notice period as required by legislation at that time (whichever is the longer). The notice is to be served as set out in Clause 5.2 of Schedule 3 above to the address of the Premises as shown in this Agreement.  At the end of such notice the Tenancy shall end and all obligations and responsibilities shall cease; subject nevertheless to any claim by either Party against the other in respect of any breach of any of the terms and conditions of the Agreement. Should the Tenancy be terminated on a date which is not the last day of a Rental period then the Tenant’s obligation to pay Rent shall cease on the termination date and the Rent payment will be apportioned accordingly - ignore, this is if the LL wants to terminate early

Tenant’s Break Clause – General Notwithstanding the fixed Term as stated in Clause 4 of The Main Terms of the Tenancy above the Parties hereby agree that this Agreement may be terminated by the Tenant giving to the Landlord or his Agent at least two months’ prior notice in writing, such notice not to expire until after six months of the Term have elapsed. so you can terminate anytime after 6 months. In order to terminate, you have to give 2 months notice beforehand. 
For the avoidance of doubt the Tenancy cannot be ended before 17/08/2021. The notice is to be served as set out in Clause 5.3 of Schedule 3 above to the address shown in Clause 5.1 of Schedule 3 of this Agreement. - check that clause for how to serve notice eg post / email / what address etc. 
At the end of such notice the Tenancy shall end and all obligations and responsibilities shall cease; subject nevertheless to any claim by either Party against the other in respect of any breach of any of the terms and conditions of the Agreement. Should the Tenancy be terminated on a date which is not the last day of a Rental period then the Tenant’s obligation to pay Rent shall cease on the termination date and the Rent payment will be apportioned accordingly.  - notice can be mid month too, and the final rent will be pro rata

Since we're past 17/08/21, you can serve notice anytime and terminate the tenancy 2 months later.