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Help on exercising a 6 months break clause

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401 views 2 replies latest reply: 09 January 2017
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Tenant

Hi,

I started my tenancy on 1st October 2016 and it’s a 12-month agreement with a 6-month break clause that’s as follows:

9.1. The Landlord agrees that the Tenant has the right to terminate the Tenancy after the first six months by giving the Landlord not less than 1 months notice in writing to be sent by first class post or hand delivery to the Landlord, to end the Tenancy. Upon the expiry of this notice this Agreement shall cease except that either Landlord or the Tenant can pursue their legal remedies against the other for any breach of any existing rights under the Agreement. To avoid any doubt between the parties it is agreed that the notice period cannot commence any earlier than 1st March 2017 and cannot expire any earlier than 30th April 2017.

Does this mean that I can end my tenancy on 1st April 2017 by giving a 1-month notice that reaches the landlord before 1st March 2017? Also, if the notice is only 1-month long then how come it can’t expire any earlier than 30th April 2017?

Thanks in advance!

Bill

 

 

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Tenant

Hi, I started my tenancy on 1st October 2016 and it’s a 12-month agreement with a 6-month break clause that’s as follows: 9.1. The Landlord agrees that the Tenant has the right to terminate the Tenancy after the first six months by giving the Landlord not less than 1 months notice in writing to be sent by first class post or hand delivery to the Landlord, to end the Tenancy. Upon the expiry of this notice this Agreement shall cease except that either Landlord or the Tenant can pursue their legal remedies against the other for any breach of any existing rights under the Agreement. To avoid any doubt between the parties it is agreed that the notice period cannot commence any earlier than 1st March 2017 and cannot expire any earlier than 30th April 2017. Does this mean that I can end my tenancy on 1st April 2017 by giving a 1-month notice that reaches the landlord before 1st March 2017? Also, if the notice is only 1-month long then how come it can’t expire any earlier than 30th April 2017? Thanks in advance! Bill    

– Bill

If your tenancy started on 1/10/16 then 12 mths is 30/9/17 6 mths break clause would mean the tenancy ends on 31 March 2017.

The notice period of 1 month (no less than) would mean that the landlord would need to receive your notice BEFORE 31/3/17 to ensure a full month.

Therefore, you can serve notice anytime telling him that you will be envoking the break clause at 6 mths.

The dates seem to be all wrong, looks as if he is saying you need to give notive ON the 6 mths to leave on the 7th month. This is incorrect as it then becomes a further 6mth tenancy. I would put it in writing to him asap and follow up with an email.

You can always call Shelter who will give you the correct information.

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Tenant

Just call your landlord and request their help over the matter. 

“cannot commence any earlier than 1st March 2017 and cannot expire any earlier than 30th April 2017.” 

This, to me, gives you a two-month window to exercise the break clause. Which means, you can give a one month notice, whenever you feel like it, so long as it conforms to the period between 1st March 2017 and 30th April 2017. 

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