Six month break clause

[ajvw]

Hi,

We have a 12 month AST agreement with a 6 month break out clause. The agreement commenced on 1 Nov 07, and we gave written notice on 1 Apr 08 to terminate the tenancy on 3 May 08. With the way the break out clause is written we believe this is correct (5+1=6 total) but our landlord believes we can only give notice at the end of 6 months, making it 6+1=7 months. See exact wording of break out clause below:

“If the Tenant shall desire to terminate the tenancy hereby created at or at any time after the end of the first six months thereof the tenant shall give the Landlord not less than one month notice in writing and shall up to the time of such termination pay the rent and perform the agreements and obligations on the tenants part herein...”

Please advise who is correct!

Thanks

[House]

I think you're right. You're wishing to terminate the tenancy after the end of six months and you therefore have to give 1 months notice to do this which as you say can be given in month 5.

I'm not a fan of such clauses. It's rather badly written to, hardly plain english! To many thereof and herebys!

[P.Pilcher]

I agree with House, but watch out for a contrary opinion from Jeffrey or Paul F who know much more about it than we do!

P.P.

[agent46]

“If the Tenant shall desire to terminate the tenancy hereby created at or at any time after the end of the first six months thereof the tenant shall give the Landlord not less than one month notice in writing and shall up to the time of such termination pay the rent and perform the agreements and obligations on the tenants part herein...”



I concur with the other posters. Interpreting the clause, the words "at" and "or at any time after" are disjunctive (ie: expressing alternatives). Therefore the operative words are "terminate the tenancy at.....the end of the first six months."

[jeffrey]

I concur with the other posters. Interpreting the clause, the words "at" and "or at any time after" are disjunctive (ie: expressing alternatives). Therefore the operative words are "terminate the tenancy at.....the end of the first six months."

I agree. Once T knows on what date he/she wants to leave [not in first six months], T has merely to notify L at least one month beforehand.