UK Landlord Forum / Life

I had rented my apartment on a 2 year term starting 15th October 2018 with the break clause highlighted below (similar clause allowing the tenant to end the tenancy). I had been given the impression by the agent at the start of contract that this locks us with the tenant for 12 months and we could give the notice anytime after 10 months. However now, they seem to be suggesting that we cannot give the notice untill after the 12 months since its a 24 month term. Is this correct? The term of the contract is 24 months but the wordings in our opinion wordings suggest landlord may end tenancy at any time but not earlier than twelve months from the commencement date i.e. not end the tenancy before 15th October 2019. So by giving atleast 2 months notice to vacate on 16th October 2019, we are really not ending the tenancy earlier than 12 months ?  Is this right?

"(i) The Landlord may bring the Tenancy to an end at any time (but not earlier than twelve months from the commencement date) by giving to the Tenant no less than two months written notice on expire at the end a rental period (being the day before the Rent Payable date) stating that they wish to terminate the Tenancy."


Any help would be appreciated!

Given the impression?

Seem to be suggesting?

For pity's sake... just ask the Agent what their formal reading of the clause is, and what actions they'll willingly take on your behalf, then decide what you want to do based on their actual response... I mean, if they disagree re. timing, but they will still try to activate your Break Clause for you, and the Tenant is happily moved on, no problem exists, right? If the Agent says "nah, mate, I ain't doing that for you, it's not right" then you have a problem, and if the Agent says they'll activate it for you and the Tenant pushes back, you have yet a different problem, right?

Quote from: sgbuyu on June 03, 2019, 10:49:52 PM
I had rented my apartment on a 2 year term starting 15th October 2018 with the break clause highlighted below (similar clause allowing the tenant to end the tenancy). I had been given the impression by the agent at the start of contract that this locks us with the tenant for 12 months and we could give the notice anytime after 10 months. However now, they seem to be suggesting that we cannot give the notice untill after the 12 months since its a 24 month term. Is this correct? The term of the contract is 24 months but the wordings in our opinion wordings suggest landlord may end tenancy at any time but not earlier than twelve months from the commencement date i.e. not end the tenancy before 15th October 2019. So by giving atleast 2 months notice to vacate on 16th October 2019, we are really not ending the tenancy earlier than 12 months ?  Is this right?

"(i) The Landlord may bring the Tenancy to an end at any time (but not earlier than twelve months from the commencement date) by giving to the Tenant no less than two months written notice on expire at the end a rental period (being the day before the Rent Payable date) stating that they wish to terminate the Tenancy."


Any help would be appreciated!

if you have to wait until the end of the term to use it, how can it be defined as a "break clause" ?