Can you help me understand this break clause in my tenancy agreement?

pillowshot

Hi all. I have a 12 month tenancy that started on 1st July 2023 and expires 30th June 2024.

In it is a break clause:

"The tenant(s) can terminate this agreement by providing two months notice in writing, not to take effect in the initial four months and not to expire within the initial six months in line with the contracted date started."

I'm a little bit confused around exactly which day I serve the notice and when the termination should take effect from (i.e. which day I return the keys). I'm looking to break the agreement as soon as I am allowed. 

If I understand correctly I can serve notice to take effect on the (end of day 31st October/start of day 1st November) to terminate the agreement on New Year's (end of day 31st December/start of day 1st January). Is this correct?

I understand this by the fact that these points are on the 4 month/6 month marks and not "within". This ensures I only need to make 6 full monthly payments of rent. 

Am I correct?

Brie

So you need to wait 4 months to give 2 months notice.  So the earliest date that would be is 1st Nov. 

And by that would make the date you are no longer there 1st Jan 24 being more than the initial 6 months.  Whether you actually want to move out over Christmas/New Years may be an issue - no moving companies/rental vans/friend available to help - so you might want to time the actual move mid Dec or even mid Jan - which of course would mean paying for more than just 6 months rent.

pillowshot

Thank you for your reply. 

I am purchasing a house with planned completion of 1st December so the moving aspect is fine. I just don't want to have to pay more rent than I need to. 

Martico

I'd consider waiting to give any notice until you actually exchange contracts - completion dates can slip

theartfullodger

Is this England?

Is that a break clause?? How long is fixed term?? If only 6 months then it ain't a break clause. 

Break clauses are notorious for being badly drafted: The only person who can ultimately rule what they mean is a judge (if e.g. tenant thought it meant one thing - early end - landlord another - later date, tenant departed and landlord sued for unpaid rent. )

Try negotiation.

After fixed term ends tenant may (monthly rent payments)  give AT LEAST 1 months notice expiring on last or first day of period of tenancy.

Artful: Landlord since 2000.

propertyrental

• Tenancy start date : 1/7//23
• Earliest possible date to serve notice : not specified as clause is poorly drafted ("providing two months notice in writing, not to take effect in the initial four months". the 'not to take effect'  is probably intended to mean "not to be served' . 'take effect' would normally refer to the tenancy end date'))
• Earliest possible date to end tenancy : 31/12/23 (6 months from tenancy start date.
• Latest date to serve notice in order to end tenancy to 31/12/23 : 31/10/23 ( 2 months notice)

To be safe, serve 2 months notice on exactly 31/10/23, thus complying both with the 2 months notice requirement, and also the probably intended  bar aganst serving notice in the 1st 4 months.

Note: 'service' is the date hand delivered, or 2 working days from date of1st class posting.

Alternatively negotiate any date you want that the LL agrees to- get confirmation in writing.

Bear in mind Exchange /Completion dates are flexible and frequently change/slip.....

pillowshot

Thank you everyone for the responses. I have a contingency plan in place if we have not completed by 1st December (as well as having the entirety of December to move) but it's a probate sale and thus far there have been very few issues to overcome.

@propertyrental I really appreciate that breakdown, it really helps me to know when exactly to do things.