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Apr, 2017

Thursday

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  1. #11

    Default

    it just says:

    break clause: 2 months after: 10 months

    thats how its written

  2. #12
    Join Date
    Mar 2009
    Posts
    16,321

    Default

    That is the complete, full, total, exact wording?
    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. #13
    Join Date
    Feb 2014
    Location
    Midlands
    Posts
    12,079

    Default

    That's not really a break clause then.

    In the first place it doesn't really make any sense (legally or in English).
    In the second, taking the most positive attempt to make it mean something, it means that you can give two month's notice two months before the end of the 12 month fixed term, which isn't a "break" (as you can leave without notice at the end of the fixed term anyway). So it does nothing.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

  4. #14
    Join Date
    Aug 2010
    Posts
    2,546

    Default

    Quote Originally Posted by cadenross008 View Post
    Also, the break clause said 2 months after 10months. if we are going to pay the monthly rent, does this mean we will pay until the 10th month only as we have given notice already or still 12 months?
    Apart from the other responses -- of course giving notice does not mean you can live rent free. What the hell.

  5. #15
    Join Date
    Nov 2016
    Posts
    1,377

    Default

    It's a clause the landlord had put in hoping you will give him two months notice that you don't wish to renew.

    Its unenforceable as the contract will end after 12 months anyway. He's asking you to serve two months notice at month 10 to leave on month 12.

    You need to try and negotiate but as it stands legally you are responsible for rent for the full 12 month unless landlord agrees otherwise

  6. #16

    Default

    Quote Originally Posted by AndrewDod View Post
    Apart from the other responses -- of course giving notice does not mean you can live rent free. What the hell.
    course I'm not going to live there rent free. as i said I'm leaving the flat but will still continue to pay until someone replaces me.

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