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pkn70
26-01-2008, 09:44 AM
I would really appreciate if anyone can help! I have entered into a 12 month AST with an awful tenant. Fortunately there is a break clause at 6 months by either party giving 1 months notice. I am confused as to whether this means notice at 5 months ie. they move out at 6 months. Or notice at 6 months and they move out at 7 months?? Last time I sign a 12 month agreement anyway!!!

justaboutsane
26-01-2008, 10:06 AM
The notice you give MUST be two months. Even with a break clause so either way its wrong. As I understand it if there is any ambiguity with regards to the dates its invalid.

Moral is, Don't sign a tenant up for 12 months!

pkn70
26-01-2008, 10:19 AM
The notice you give MUST be two months. Even with a break clause so either way its wrong. As I understand it if there is any ambiguity with regards to the dates its invalid.

Moral is, Don't sign a tenant up for 12 months!
Thanks for that. I have defininitely learnt my lesson re. 12 month agreements! Still want to try and use break clause - if 2 months notice, my questions still stands - should this be given at 6 months so they are there minimum 8 months or can it be given at 4 months so they move out at 6 months?

justaboutsane
26-01-2008, 10:49 AM
Ok its Saturday and you could be hungover.... The answer was in my post. AS far as I am aware any ambiguity on the dates means that the break clause is invalid.

Surrey
26-01-2008, 11:01 AM
I suggest you copy the exact wording of the break clause and let forum members see what it says.

Although JAS has suggested it's invalid doesn't mean you can't ASK your tenant to leave, but it might mean that if the tenant doesn't go you won't be able to enforce the move through the courts.

So stick up the clause as well as the date the tenancy started, see what people have to say on the exact wording, and take it from there.

pkn70
26-01-2008, 11:57 AM
I suggest you copy the exact wording of the break clause and let forum members see what it says.

Although JAS has suggested it's invalid doesn't mean you can't ASK your tenant to leave, but it might mean that if the tenant doesn't go you won't be able to enforce the move through the courts.

So stick up the clause as well as the date the tenancy started, see what people have to say on the exact wording, and take it from there.
Thanks. Exact wording is as follows : This agreement is for a fixed term of 12 months, however there is to be a break clause at 6 months for either party giving at least one month’s notice. Tenancy start date 1st December.

jeffrey
27-01-2008, 14:25 PM
Thanks. Exact wording is as follows : This agreement is for a fixed term of 12 months, however there is to be a break clause at 6 months for either party giving at least one month’s notice. Tenancy start date 1st December.
IF that's the only relevant wording, it seems to state (not too clearly!) that:
a. either party can end letting;
b. the break point is at six months from start;
c. the at-least-one-month Notice can be served at any time (but, if served within the first five months, would not take effect until the six-month point).

However, I cannot be sure because:
Query 1: What is meant by "there is TO BE A BREAK CLAUSE"? Does it mean "there is a right to break"?
Query 2: What is meant by "FOR EITHER PARTY GIVING"? Does it mean that there is a right to break "which either party can exercise by giving"?