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tenanter

Is This A Break Clause

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Hi

My 12 month AST contract includes this:

7. Two month notice to be given by either party within the 6 month contract, thereafter one month notice required.

Is this a break clause? Does it mean that I can leave in 5 months with without paying for the rest of the contract?

thanks in advance

Edited by tenanter

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Hi

My 12 month AST contract includes this:

7. Two month notice to be given by either party within the 6 month contract, thereafter one month notice required.

Is this a break clause? Does it mean that I can leave in 5 months with without paying for the rest of the contract?

thanks in advance

Only if there isn't another overruling clause elsewhere in the lease that proscribes a minimum rental period of 6 months, imo. It will prob. be in the preceding or following para.

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Hi

My 12 month AST contract includes this:

7. Two month notice to be given by either party within the 6 month contract, thereafter one month notice required.

Is this a break clause? Does it mean that I can leave in 5 months with without paying for the rest of the contract?

thanks in advance

Need to see more detail explaining the references to 12 months / 6 months to really give a reliable answer.

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thank you for the fast reply,

I cant find something more apart from the initial part that says

Term: a term certain of 12 months.

I m worried because it says also:

the landlord may increase the rent within the contract but a minimum of two months notice shall be given to the tenant.

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thank you for the fast reply,

I cant find something more apart from the initial part that says

Term: a term certain of 12 months.

I m worried because it says also:

the landlord may increase the rent within the contract but a minimum of two months notice shall be given to the tenant.

Sounds conflicting on the face of it. A term certain of 12 months means a fixed term. Don't understand the reference to 6 months is it appears to be a 12 month lease. Landlords can't normally make upward rent reviews during the term in a domestic lease. Need to see more of the lease to make any sense. Can you type out the whole notice / rent review sections?

Off to bed now

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Sounds conflicting on the face of it. A term certain of 12 months means a fixed term. Don't understand the reference to 6 months is it appears to be a 12 month lease. Landlords can't normally make upward rent reviews during the term in a domestic lease. Need to see more of the lease to make any sense. Can you type out the whole notice / rent review sections?

Off to bed now

As you say this makes no sense.

I think it's a mistake and they've typed over a standard 6 month contract.

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As you say this makes no sense.

I think it's a mistake and they've typed over a standard 6 month contract.

Alot of these amature clown landlords are downloading the freeby Assured Shorthold Tenancy contracts from the internet then adding bits and bobs here and there in the vain attempt noone will notice, the funny thing is it cost about £50 for the real thing, how many bloody landlords can't afford £50!!!, if thats the case they should go back to school and maybe get a proper job!!

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Check it out with CAB or with Landlordzone.co.uk or with Shelter via their website (they have a good team of solictors who reply within 24-48hours).

My understanding is that if you take on a 12 month lease but have a break clause of this nature you have to do 6 months - and then can break the clause after that by giving one months notice (7 months in effect)- and will not incur all the penalties as a result of breaking the 12 month clause as it stands - but you may have to pay advertising costs for the property.

I am in a situation where I have to break the 12 month lease I took on due to my job not being there shortly - and getting another job so far away it's impossible to commute.

In such a case - I have to be prepared to pay for the remainder of the tenancy or until such time as a new tenant can be found for the property and they move in - it will cripple me - but I have to do it - otherwise no job.

Didn't see this coming - hence agreeing to the 12 month tenancy - as I'd been bunked out by so many LL is the past needing to sell after only 4 months of me being in.

Given the properties are always unfurnished where I am - moving costs alone are mad!!

Since the market is now depressed for LL flipping - although mine is a good landlord and wouldn't have flipped - which is why it's a shame I have to break the lease - I won't sign a 12 month contract again and thereafter, given the market and job situation for many of us - will only ever thereafter agreeing to continuous agreement of 1 months notice rather than signing another agreement.

Hope this helps - but checkout what I say with the websites above - they are very good and quick.

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Alot of these amature clown landlords are downloading the freeby Assured Shorthold Tenancy contracts from the internet then adding bits and bobs here and there in the vain attempt noone will notice

You can add agents in there. I could write a book about inadequate legal drafting. Landlords and agents need to realise that legal drafting is not easy.

It is difficult to extract any sense out of this break clause - if that is what it is.

Edited by Damocles

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