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fly53

fun with break clauses!!

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break clause!!! wording open to interpretation??

 

hi all. i thought ide join this fab looking forum to pose a question if i may?

its regarding a break clause. my letting agent is telling me my break clause is 10 months??

but i read it as saying 8 (ie 2 calender months notice before the 8th month of the term)

can anyone shed some light on the subject for me?


kind regards;

reads as follows:

he landlord shall be entiled to serve upon the tenant statutory notice of not less than two caleneder months pursuant to section 21 of the housing act 1988 to break this tenancy. such notice:
4.1.1
may not be served during the first four months and shall not expire before the end of the eight month of the term.

4.1.2
shall be given to expire on the last day of a period of the tenancy and be served in writing

4.1.3
shell be served in accordance with the attached terms and conditions

4.2
the tentant shall be entitled to terminate this tenancy by giving not less than two calander months notice to break this tenancy provided that such notice:
4.2.1 shall not expire before the end of the 8th month of the term

4.2.2 will expire on the last day of a period of the tenancy and shall be given in writing.
4.2.3 shall be served in accordance with the attached terms and conditiosn
4.2.4 this clause replaces or amends any relavent clauses within the attached tenancy terms and conditiosn inpparticular part four clause 1.2
4.3
the tenant acknowleges that should notice of termination in accordance with 4.2 be issued it cannot be recinded


so, if i moved in on say 25th august, ide serve my notice on 24th feb to vacate 24th april. thats how i understand it?

thanks!
 

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The landlord can give you notice to quit, (exiting the property) in months 8, 9, 10, 11 or 12 (the full 1 year term)

You may give the landlord notice to quit, (exiting the property) in months 8, 9, 10, 11 or 12 (the full 1 year term)

In all cases the notice must be given 2 months ahead of time.

In practice this usually means the landlord will automatically serve the notice in month 10 to expire in month 12 as an attempt to make you bend over and pay a bunch of renewal fees. The agent probably hasn't read or understood the contract and you shouldnt expect them to.

Don't waste you time arguing with letting agents their opinion doesn't matter, the contract matters, just get everything in writing.

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thanks for the reply. 

well i intend to invoke my break before 24th feb as stated in the badly worded agreement and leave on the 24th april.

 

what would best practice be? just writing to my LL stating my intention?

 

thanks

 

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Rank amateur drafting!

I'll ignore clause 4.1.

On its own, clause 4..2.1 is clear enough, and the implication is (without any date being given before which the notice must expire) that the notice can expire at any time. There is also nothing to prevent the notice being served at any time during the first 8 months.

Clause 4.2.2 confuses the issue. What is a period of the tenancy? I suspect what is meant is rental period, but it does not say that. A fixed term tenancy does not have distinct tenancy periods, but is composed of as many "periods" as you care to specify.  Only periodic tenancies have tenancy periods - hence their name. Even if it is held that period here means rental period, the clause seeks to qualify clause 4.2.1. If you want to specify the earliest date on which the notice can take effect you really should put it all in one clause and make the position free from doubt. There is in my view a strong case that this clause can be ignored. Even if it cannot be ignored, where does the agent get his ten months from?

 

 

 

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2 hours ago, fly53 said:

4.2
the tentant shall be entitled to terminate this tenancy by giving not less than two calander months notice to break this tenancy provided that such notice:
4.2.1 shall not expire before the end of the 8th month of the term

I don't know what the notice expiring means. Is the date it expires the date you intend to hand the keys back, or does expiring mean when they must acknowledge it by?

Quote

4.2.2 will expire on the last day of a period of the tenancy and shall be given in writing.

This implies the former, in which case;

You may hand in notice at the latest before the end of the 6th rental period in order to move out on the last day of the 8th rental period.

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Does the fact that i forgot to take out contents insurance ( yes stupid i know )

Make any difference? Can they sue me for breach. ( now covered btw )

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On 16/12/2017 at 12:34 PM, fly53 said:

Does the fact that i forgot to take out contents insurance ( yes stupid i know )

Make any difference? Can they sue me for breach. ( now covered btw )

Insurance is for your benefit only.  No one will know you don't have contents insurance.  I never did when I was renting.  You don't need a lawyer to give your notice.  Just put it in writing clearly stating which date you are leaving.  Remember to date your letter and send it "signed for".  Remember to keep the chitty you get from the Post Office.  It's proof of delivery.

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something like;

I will be vacating the premises on the 24th of april 2018, which will end my tenancy In accordance with my break clause

 

this being having served more than two calender months notice to break before the end of the 8th month of the term as stated?

 

do i post this to my ll or la?

 

thanks

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5 minutes ago, fly53 said:

I will be vacating the premises on the 24th of april 2018, which will end my tenancy In accordance with my break clause

 

this being having served not less than two calender months notice to break before the end of the 8th month of the term as stated

 

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I'd say that your understanding is correct.  It's an 8-month contract, and you can give notice after 6 months that you're going to leave in 2 months, i.e. at the 8-month mark.

Just state that you're giving the required notice that you're leaving on whatever date, no fancy wording is necessary.  If you use legalese language then you'll just end up with a load of rubbish that nobody can understand - like your contract!

You are definitely not required to pay 10 months' rent, as you say your landlord thinks.  They have misunderstood it.

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