Break clause and 12 month AST

Landlord Discussion
1

We advertised our house with a 6 month minimum term and found tenants. They wanted the break clause in the contract. When creating a contract with openrent I input 6 months AST and open rent then didn’t allow a break clause and advised against removing it. So I amended the contact to 12 months with 4 month break clause. My understanding was then that they could leave at 6 months if they wanted to by giving 2 months notice at 4 months in. The tenant has read that they can only give 2 months notice at 6 months and only therefore leave after 8 months.

Is this just an open rent stipulation or is this standard? Everything I’ve read is very conflicting.

Can we have a break clause with a 6 month contact? I want to be clear but am feeling unclear now!

Thanks in advance

2

Have you read the break clause? You say your tenants have read it as above, but what do you think? What does it say?

With a 6m tenancy, they can serve 2m notice anyway after 4 months, hence no point in having a break clause.

3

Hi Karl, thanks for your reply. When I was creating the contract I had no choice but to put 12 months fixed term if I wanted a break clause. I couldn’t state 8/9/10 months for example. Does that sound right? I have asked the tenant whether they want a 6m with no clause or a 12 month contact with break clause. It seems like that’s the only options?

When I’ve read the contract it does refer to not being able to end the agreement before the 8th month meaning they can give 2 months notice at 6 months.

I’m confused

Kind regards,

Carly

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