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Apr, 2014

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  1. #1
    Join Date
    Oct 2008
    Posts
    162

    Default Break Clause - Is it valid

    Hi,

    I have a tenancy that states (under the main terms of the tenancy:

    The Term of the Tenancy Twelve months
    From 20 July 2012 to 19 July 2013

    Then on page 16 I have:

    "INDIVIDUALLY NEGOTIATED CLAUSES
    In addition to or instead of the standard clauses listed above, the following have been individually
    negotiated between the Landlord and the Tenant as part of this Tenancy Agreement.
    · The Landlord may serve the Tenant two months written notice to terminate the Tenancy any
    time before the end of the original fixed Term but not to expire before six months.
    · The Tenant may serve the Landlord one month’s written notice to terminate the Tenancy any
    time before the end of the original fixed Term but not to expire before six months"

    Is this valid and how does it operate in practice?

  2. #2
    Join Date
    Mar 2009
    Posts
    7,683

    Default

    Somewhat unclear over "before six months" (rather than six months from start of fixed term...)...and not sure of the implication of "instead of the standard clauses"..and "two months written notice.."(rather than at least 2 months...) kinda implies must be 2 months, not 2 months 3 days... I guess it would come down to will (I assume you are LL wanting T out..) T either accepting notice & going {many do..} or if he refuses to go, you take him to court, what will Judge decide: We don't know what Judge will decide,

    I think in practice I'd issue a notice to expire exactly 2 months from hand-delivered service (get witness to stuffing through door) and expiring at least 6 months after start of fixed term..

    But I'm entirely legally unqualified...

    Who drafted it??
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

  3. #3
    Join Date
    May 2009
    Posts
    14,115

    Default

    You can serve notice to end the fixed term tenancy under the break clause at any time but it must be in writing, it must give at least two months (if you're the LL) or at least one month (if you're the T), and it cannot expire before 20th January 2013.

  4. #4
    Join Date
    Oct 2008
    Posts
    162

    Default

    Thanks for your help.

    IN this instant I'm the T and just checking out my options and checking what the LL can do.

  5. #5
    Join Date
    Oct 2008
    Posts
    162

    Default What date did this tenancy start?

    What date did this tenancy start? and when will it end?

    The contract says:

    The Term of the Tenancy Twelve months
    From 20 July 2012 to 19 July 2013

    However the contract was signed and keys handed over on 24th July 2012

    The the LL's agent refused to amend the dates when asked as "the offer and agreement had been for the 20th" (but the agent didn't send out a copy of the contract until the 19th and by then it was too late to arrange to go to the office and pick up the keys the next day).

  6. #6
    Join Date
    Jun 2011
    Location
    Stevenage
    Posts
    1,263

    Default

    Two related threads have been merged.
    I also post as Mars_Mug when not moderating

  7. #7
    Join Date
    May 2009
    Posts
    14,115

    Default

    Quote Originally Posted by worzelgummage View Post
    What date did this tenancy start? and when will it end?

    The contract says:

    The Term of the Tenancy Twelve months
    From 20 July 2012 to 19 July 2013
    The contractual fixed term starts and ends on these dates.

    However the contract was signed and keys handed over on 24th July 2012
    The tenancy began on 24th July, as a short term tenancy takes effect in possession, i.e. when the T moves in.

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