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Ast With A Break Clause

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I have a standard 12 month AST with the following additional, negotiated break clause:

"It is agreed that the Tenant may give one month's notice to vacate the property and the Landlord may give two months' notice for the tenant to vacate the property. These notices must run concurrent from the existing expiry date"

This effectively means I'm on a periodic tenancy in all but name, where I have to pay the agent a fee, but I don't want to go into the merits of that.

Firstly, I'm not sure whether it should really read 'terminate the agreement' rather than 'vacate the property', or doesn't it matter?

Secondly, I'm not sure what 'concurrent from the existing expiry date' means, can anyone explain? If the agreement starts on the 12th of the month, do I have to give notice on the 12th of the month, or can I give notice at any time?

Its crucial that I can end the tenancy during the 12 month term, as I'm trying to buy a house, and this is what was agreed verbally, but I just want to make sure that the clause in the tenancy does actually reflect my understanding.

Many thanks in advance.

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"It is agreed that the Tenant may give one month's notice to vacate the property and the Landlord may give two months' notice for the tenant to vacate the property. These notices must run concurrent from the existing expiry date"

To me, that appears to be a standard 12 month AST with NO break clause.

The existing expiry date is the 12 month end, so you have to give notice of one month as per a periodic after 12 months. so i dont think this will allow you to leave early (i could absolutely be wrong here)

Break clauses normally say things like "at month 6 either party may end this agreement by.... blah blah"

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"It is agreed that the Tenant may give one month's notice to vacate the property and the Landlord may give two months' notice for the tenant to vacate the property. These notices must run concurrent from the existing expiry date"

This is meaningless.

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It's meaningless as in it gives you the right to terminate the tenancy with 1 months notice after the expiration of the term on the monthly aniversary of the term and the landlord 2 months-just as you have without that clause when it becomes a statutory periodic tenancy.

The clause we got them to put in had the standard 'bring the tenancy to an end by giving one months notice at any time after 6 months of the tenancy have elapsed' on a 12 month tenancy. If you haven't signed and want to be able to break the tenancy before the term you'll need something to that effect.

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Secondly, I'm not sure what 'concurrent from the existing expiry date' means, can anyone explain? If the agreement starts on the 12th of the month, do I have to give notice on the 12th of the month, or can I give notice at any time?

You can give notice at anytime in the month, but it will not take effect until the following 12th.

So - assuming you are at a future point in time when your contract permits termination - you send a letter maybe on the 20th of August to say you are terminating the tenancy. Lets also assume that your notice period is one month. So on the following 12th - that's the 12 September - your 1 month period begins. This means that you pay rent up to, and hand the keys back on, 11 October.

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The existing expiry date is the 12 month end, so you have to give notice of one month as per a periodic after 12 months. so i dont think this will allow you to leave early (i could absolutely be wrong here)

I hope you are! The letting agent has confirmed, via several e-mails, that the clause means we can terminate the tenancy early at any point during the term (on the 12th of the month) with one month's notice. I'm hoping that the e-mails provide clarity as to the intent of the clause, even if the clause is badly or incorrectly written. I presume the "existing expiry date" refers to the expiry of our existing AST, as this AST is an extension of that.

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I hope you are! The letting agent has confirmed, via several e-mails, that the clause means we can terminate the tenancy early at any point during the term (on the 12th of the month) with one month's notice. I'm hoping that the e-mails provide clarity as to the intent of the clause, even if the clause is badly or incorrectly written. I presume the "existing expiry date" refers to the expiry of our existing AST, as this AST is an extension of that.

Fingers crossed for you.

If you have signed a new AST then the original is now meaningless, it may be you give notice and everyone is cool with it and off you trot early, but given the state of the market i wouldnt get your hopes up (i really dont enjoy telling you this) and i have a horrible feeling they may try and force you to stick to the contract which leaves you with court as your way to get out.

Would emails stand up in court as evidence of intent? Possibly

Would that clause stand up as a break clause? definately not

And i dont know how a judge would reconcile one with the other, the other issue is if the emails are from the estate agent and not the landlord as your contract is with the landlord so if he has emailed to say the same that MAY help, but the agent email is worthless i would guess.

Edited by Rozza

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Thanks. I am a bit worried now :unsure:

Worse case scenario, I may have to delay buying a house for 6 months or so. ;)

Which would be really bad..... getting one cheaper than they are now and all that :P simply horrible in fact ha

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Worse case scenario, I may have to delay buying a house for 6 months or so. ;)

Keep £5k or so off the offer to pay for 6 months overlap rent ?

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  • 195 Brexit, House prices and Summer 2020

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