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Could you please help with break clause wording
Mimi123456
Posts: 110 Forumite
Hello all.
In my rental agreement the wording of the break clause is as follows:
6 months break clause with 2 months leaving notice. Either parties may end this tenancy on the date which is 6 months after the start of the tenancy by giving the tenant or landlord agent at least 2 months notice in writing. Notice can only be served at expiry of break clause.
6 months break clause with 2 months leaving notice. Either parties may end this tenancy on the date which is 6 months after the start of the tenancy by giving the tenant or landlord agent at least 2 months notice in writing. Notice can only be served at expiry of break clause.
It’s quite confusing. Does it mean I can serve notice after 4 months after the start of the contract and leave in another 2? and does it imply I can leave any time after 6m expire as long as I give 2 months notice? Or it is just one time opportunity at 6 months?
Thank you.
Thank you.
0
Comments
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"Either parties may end this tenancy on the date which is 6 months after the start of the tenancy by giving the tenant or landlord agent at least 2 months notice in writing." is clear enough - the break date is fixed as the date 6 months after the start of the tenancy, you need to serve at least 2 months' notice.
"Notice can only be served at expiry of break clause." doesn't make any sense though.1 -
Mimi123456 said:6 months break clause with 2 months leaving notice. Either parties may end this tenancy on the date which is 6 months after the start of the tenancy by giving the tenant or landlord agent at least 2 months notice in writing. Notice can only be served at expiry of break clause.It’s quite confusing. Does it mean I can serve notice after 4 months after the start of the contract and leave in another 2? and does it imply I can leave any time after 6m expire as long as I give 2 months notice? Or it is just one time opportunity at 6 months?
Thank you.1) you can only end the tenancy on the exact 6 month date ("end this tenancy on the date which is 6 months after the start of the tenancy ")2) you must serve notice at or before the 4 monh date. ("at least 2 months notice")3) "Notice can only be served at expiry of break clause." is meaningless. The Break Clause does not expire as it is written into the contract!"The alternative is that the intention was to mean notice can only be served at the 6 month point, that contradicts 1) above!
Note that where a contract term is ambiguous (eg 1 conflicts with 3) then interpretation is to the benefit of the party who did not write the contract (ie the tenant).
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Understood. Thank you so much user1977 and propertyrental !0
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