UK Landlord Forum / Life

I have a contract for a house I rented with 4 other students. The contract begins from the 14th of September 2011. The break clause states 'Either party may bring the Tenancy to an end at any time before the expiry of the fixed term (but not within TEN months of commencement date) by giving at least two month's written notice.

My understanding was we could leave the property after 10months if we gave the notice in the 8th month. The estate agent however is telling us the contract is for a full 12 months and the break clause is just stating we must give notice that we want to leave after 12months but this would just make the break clause pointless 

Is this right?

Any help would be appreciated!

If you wish to ensure that the tenancy will end on the date given in your contract - i.e. after 12 months, then you need to give notice of this.  This is known as a section 21 notice, and the usual period of notice is 2 months, at least from a landlord's perspective.

The reason you need to give formal notice that you will wish to leave once the 12 months of the tenancy expires is that if you do not then it does not automatically end on the said date.  It then converts to a "periodic" tenancy which has no set period and simply rolls on on a month by month basis.  So, if you have not given notice that you wish to vacate then you could continue to be held responsible for the rent.

I think that the break clause you have quoted sounds ambiguous.  You could interpret it as meaning that you could actually end the tenancy on the dot of 10 months.  That would mean that you must give notice just before the eighth month expires, as you say.  It would also be my interpretation of it, so I wonder if the agent is trying to pull the wool over your eyes.  They seem to be saying that it ties you in for 12 months and obliges you to give notice after 10.  I am not sure they are correct, though I am assuming you have quoted word for word. 

As a landlady for the last 20 years or so, most of the 12 month contracts I have been involved in have contained 6 month break clauses.  So, if the tenancy does not go well, I can give notice at 4 months in that I require possession at 6 months.  So for me the idea of a 10 month break clause is a little unusual. 

Hi, thanks for your reply.

Yes i have quoted the break clause word for word, before moving in we specifically told the agent that we would want to leave after 10 months and they said they would put a 10 month break clause in, however when asked they said they couldn't do anything about it. I have called the citizens advice bureau and they seem to think that we should be able to leave after 10 months; and I am going to talk to someone about it tomorrow. Thanks for your help