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Kiki
20-12-2011, 00:48 AM
Can anyone tell me how to write in a breakclause?

Can I write an AST contract as
A. 12months term, with a breakclause from months 6
or
B. 12 month term, with a breakclause at month 6

Or are these much of the same ?

I am trying to ensure my tenant and I can give notice at anytime from month 6 with 2 months or 1 month respectively

mariner
20-12-2011, 02:08 AM
Why not just offer a 6 month fixed term AST. It automatically morphs into Stat Periodic T after 6th month (fixed period) with the Notice periods for LL & T you desire, and hope T stays for 12+ months? (Min 6 months)
There can be confusion over Break Clause wording/interpretation.
IMO a 6 month break clause does not give LL or T to give Break Notice at any time after 6 months.
SPT requires LL to give 2 months Notice requiring Possession or T 1 month Notice of Intention to vacate.

jjlandlord
20-12-2011, 08:30 AM
Neither of the above options is a break clause. Both just suggest that there is a break clause somewhere further down the agreement, imo.


IMO a 6 month break clause does not give LL or T to give Break Notice at any time after 6 months.

It all depends on the wording of the clause!

Kiki
20-12-2011, 09:53 AM
I will include notice period which would say:
2 months notice from LL
1 months notice from T