PDA

View Full Version : Mutual Break Clause



MattEvans
07-02-2011, 19:06 PM
Hi All,

I'm wondering if anyone can help me with my break clause. I've spoken to my letting agent who has told me the break clause in my tenancy agreement implies that i can't give my 2 months notice to leave before my 6th month living at the property, meaning i can't move out until the 8th month.

After a bit of research most break clauses allow you to actually move out on the 6th month. The Mutual Break Clause is written below how it is in my tenancy agreement:

"Any time after 6 months of the initial fixed term of this tenancy (or after a similar period following a fixed term extension to the original tenancy) either party may invoke this break clause by providing a minimum 2 months written notice to the other (such notice to expire on the last day of a rental period of the tenancy). at the end of such notice the tenancy shall end and all obligations and responsibility shall cease; subject never the less to any claim by either party against the other in respect of any breach of any of the terms and conditions of the agreement."

If anyone could tell me if the letting agent is correct or not in telling me i can't leave until the 8th month i'd be very grateful!

Cheers,

Matt

Lawcruncher
07-02-2011, 21:24 PM
If anyone could tell me if the letting agent is correct or not in telling me i can't leave until the 8th month i'd be very grateful!

The agent is right. That is what the clause provides. Your only hope is if you were told that you had a "six month break clause" when, as you suggest, the implication is that you are only committed to six months. That means arguing that the agreement needs to be rectified which is a bit of an uphill task.

MattEvans
07-02-2011, 21:40 PM
Cheers for the reply, thought that may be the case, but thought I would check. Thanks again. Matt