Tenancy Agrreement - Mutual Break Clause

[thr33stripes]

Hi,

I have a clause in my tenancy agreement as follows:

It is further agreed that the tenant may give not less than two months written notice after four months to the landlord and the landlord may not give less than two months written notice after four months to the tenant expiring not sooner than six months after the start of term (or after a similar period following a fixed term extension to the original tenancy). At the end of such notice the tenancy shall end all obligations and responsibilities shall cease; subject nevertheless to any claim by either party against the other in respect of any breach of any of the terms and conditions of the agreement.

Given that the tenancy started on 7th October runs for 12 months, is the earliest I am able to exercise this agreement on 7th February with a view for the contract to be mutually terminated on 7th April?

Many thanks

[thr33stripes]

Re: Tenancy Agrreement - Mutual Break Clause

Anyone advise with this?

Thanks

[The Listener]

Re: Tenancy Agrreement - Mutual Break Clause

Hi,

Any landlord has to give two complete rental periods notice, and cannot end a tenancy before six months unless by court order. For monthly rents this is two complete months notice ending in this case on the 6th of a month. Note that the tenancy started on the 7th October so the next rental period ends on the 6th of November. Four months would end on the 6th February. The next rental period starts on the 7th.

That clause seems to be self written and not entirely correct and open to dispute because it is impossible to follow literally. Most tenancy agreements allow the tenant only one month written notice as it is very hard for anyone to find property that will be available two months in advance.

The problem arises when you have signed a 12 month tenancy, as it is strange to then allow the tenant to leave earlier.

You will need to give written notice, and to be safe ensure it gets there in advance so there is no chance of another period starting and another month's notice being needed, or the notice becoming invalid. Make sure you get a proof of posting which is free from the post office.

But, I would suggest talking to your landlord and seeing if you can come to an arrangement especially if you are thinking of leaving already.

[PlanB]

Re: Tenancy Agrreement - Mutual Break Clause

That clause seems to be self written and not entirely correct and open to dispute because it is impossible to follow literally. Most tenancy agreements allow the tenant only one month written notice . . .

. . . The problem arises when you have signed a 12 month tenancy, as it is strange to then allow the tenant to leave earlier.

The OP has a 12 month AST which seems to have a break clause at six months which is perfectly normal. This clause has been written into their tenancy agreement in the correct way. Neither party can break the AST until six months have been completed and the method for invoking the break clause is clearly spelt out in that agreement.

The one month notice option is only available to a tenant when the initial fixed period has expired (after 12 months in this case) and the tenant becomes a statutory periodic tenant.

The OP must give notice on or before 7th February to leave the property on 7th April.

[thr33stripes]

Re: Tenancy Agrreement - Mutual Break Clause

Thanks for your advice - hopefully all will work out for the best!

[PlanB]

Re: Tenancy Agrreement - Mutual Break Clause

Can you say why you want to leave before the 12 months tenancy agreement has expired in case there is something else I can help you with?

I'm a Landlord and I really do understand misunderstandings

[thr33stripes]

Re: Tenancy Agrreement - Mutual Break Clause

Basically the reason for wanting to leave is the place isn't particularly nice - very basic, the landlord hasn't invested much into the property, there's spots of damp, etc....generally a grim place to live!