Break clause confusion | The Tenants' Voice
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Break clause confusion

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27 views 1 replies latest reply: 17 July 2017

can anyone make any sense of this please ? Does it mean that if I didn’t give my 60 days notice on 22nd March, I can’t do it at all ? I have 60 days notice on 12th June but they are now (a month later) telling me I have to see out the entire 12 months contract. Which is the end of sept, unless they can find another tenant before then. However they have not made any attempt to even advertise the property since I have notice a month ago. The break clause reads: The tenant shall have the right to terminate the tenancy at the end of the first 6 month period by giving the landlord not less that 60 clear days notice in writing to that effect and upon the expiration of such notice this agreement and everything herein shall cease subject nevertheless to the right of the parties in respect of any antecedent breach of any of the covenants herein contained. The period of sixty days notice must expire and the end of a period of the tenancy being on the 22nd March 2017. 

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This means that you must have served the notice 60 days prior to 22nd March 2017, so the tenancy can end on the same day. Six-month break clauses are not named like so purely out of vanity. 

You should have read the contract and asked about this clause if it was confusing. Now, you’re obliged to see out the fixed term or find another tenant to take your tenancy (the landlord must approve).

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