27

Apr, 2017

Thursday

Results 1 to 6 of 6
  1. #1

    Default Break Clause Notice

    Hi all,

    Been a while since I last rented a property, so I just wanted to be 100% clear on an AST contract I am about to sign.

    The contract has the two clauses regarding ending the contract term early, which is a 12 month contract starting on the 29th April.

    If the Tenant intends to vacate at the end of the fixed term, or at any earlier date, he agrees to give the
    Landlord at least two month’s on the rent due date prior Notice in writing but not before the 29th August
    2017.

    If the Landlord intends to issue a Notice, he agrees to give the Tenant at least two month’s on the rent
    due date prior Notice in writing but not before the 29th August 2017.


    From my understanding, both me and the landlord can give two months notice at month 4, to end early at month 6, fine.

    However, if I wanted to end the tenancy term sometime between month 6 and month 12, all I need to do is serve notice 2 months prior - is that correct? i.e serve at month 5 to end at month 7?

    Thank you for your help.

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

    Default

    It is not a perfectly worded break clause. But yes and no.

    (You don't have to give notice to leave at the end of the term)

    You can give notice on the 29th of August (not before) and two full months from then will in fact take you to 29 Nov. So 8 months in fact.

  3. #3
    Join Date
    Nov 2016
    Posts
    1,377

    Default

    I think the intention is to allow either party to give 2 months notice and for it to be effective after the first 6 months.

    Thr wording however makes it likely that notice cannot be SERVED until 29/8 and so as Andrew states the minimum period is likely to be 8 months.

    I would ask landlord to clarify and correct If that is not his intention

  4. #4

    Default

    Hi,

    The summary document / offer document separate to the AST states "for a term of 12 months" "break clause 4+2", so I assume the intention is:

    I can serve notice on the 29/8 and I can leave on the 29/10?

  5. #5
    Join Date
    Feb 2014
    Location
    Midlands
    Posts
    12,079

    Default

    Depending on the other wording in that contract, I don't see how that works as a break clause at all.
    "Intends to vacate" means what?

    You'd both be much better off with a 6 month fixed term agreement.
    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).

  6. #6
    Join Date
    Nov 2016
    Posts
    1,377

    Default

    Ignore me I have no idea what month I thought we were in! Yes, you are correct and 29th Aug will indeed be 4 months

    Just to clarify the landlord is also asking for two months notice if you decide not to renew at the end of term. This isn't enforceable. You can leave after the 12 months expires with no notice at all

Similar Threads

  1. S21 Notice and Break Clause questions
    By Glory Hunter in forum Residential Letting Questions
    Replies: 19
    Last Post: 18-06-2012, 09:32 AM
  2. Break clause - notice query
    By londonlandlord100 in forum Residential Letting Questions
    Replies: 11
    Last Post: 15-03-2011, 19:27 PM
  3. Break clause-appropriate notice
    By michaelmichael in forum Residential Letting Questions
    Replies: 2
    Last Post: 16-05-2010, 09:07 AM
  4. AST, break clause and notice from LL
    By PeteOB in forum Residential Letting Questions
    Replies: 7
    Last Post: 15-12-2009, 21:01 PM
  5. Break clause -but which is the first notice day?
    By Avatar57 in forum Residential Letting Questions
    Replies: 6
    Last Post: 25-08-2009, 11:08 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •