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Break Clause

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577 views 1 replies latest reply: 08 January 2016

“After ten months from the commencement date of this agreement as stated in Section 2.5 or on any rent due date thereafter, the Landlord or Tenant can elect to bring this tenancy to an end with two months’ notice; therefore the earliest date upon which this agreement can end is the anniversary of twelve months from commencement. The procedure for breaking this tenancy is to serve written notice to the Landlord of the property, sent by first-class post or recorded delivery to the address on the front page of this agreement.”

Commencement date: 20 March 2015
Expiration date: 19 September 2016
Rent date: 20th of every month

So the way I read it, the earliest I can leave the flat is 20 March 2016 by giving notice 2 months before that, so 20 January 2016.

However, I am a little confused how to interpret the phrase “or on any rent due date thereafter”. Let’s say I want to leave the flat on e.g. 29th June 2016. Can I do that by serving 2 months notice ahead of that date? Or can I only effectively end the tenancy on the ‘rent date’, so if I wanted to leave in June it would have to be 20th June, or if I wanted to leave in July, it would have to be 20th July.

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As far as I know (I’m not a lawyer) you need to give notice so that the end of the notice falls at the end of your rental period – this is probably to avoid trying to work out lesser periods of rent. If the landlord agreed then you could choose your leaving date but you’d need to get that in writing from the landlord and work out the rent that would be due for that odd period.

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