I’ve been living in the same flat for almost 4 years now, last May, my flatmate left the apartment and me and my sister renewed the contract, without being aware that all initial terms of contract would reset completely stating that our fixed term is of 1 year, and our break clause states:
“Mutual Break Clause 9.6. The Initial Term of this tenancy agreement may be terminated by either party giving the other at least two months’ notice in writing, such notice not to expire until at least 8 months after the start of the Term. A notice served by the Landlord under section 21 of the Housing Act 1988 shall be sufficient notice under this clause.
The Tenant is obliged to pay rent up to and including the termination date, so if the tenancy is terminated on a date which is not the last day of a rental period, the rent due for any incomplete rental periods will be apportioned accordingly.”
Now I got a job offer abroad starting from January but my Landlord is saying that I can give him the 2 months notice only on Jenuary and leave only on March, but my understanding of the break clause is that if I give him the notice on the beginning of November, I can leave on January because 8 months will be passed. Is my understanding correct?
I would suggest you lodged your formal notice in writing asap, as per your understanding. Argue about it later if necessary, but once the letter is in, the clock starts ticking.
My understanding of the break clause is that the earliest you can leave is after the 8th month. In order to do this you will need to give two months written notice of your intention to leave which would be served at the end of the sixth month to expire after the eighth month. When serving your notice to end the tenancy add an extra week to be sure the notice will be valid.
I am reasonably sure however please allow other more experienced landlords to give their view.
You don’t say when you renewed contract which is what matters not when your housemate moved out. If you renewed with only your sister and yourself after housemate moved out then assuming they paid rent for March, wasn’t the renewal for a period from June? If the renewed contract was from say 1 June, 6 months further takes you to 30 november not start of November. 2 months notice from 30 Nov means you then are responsible to pay rent for December and January
You can leave whenever you like providing you still meet the obligations of the tenancy agreement tho these may include telling LL if unoccupied, keeping it clean, paying utilities. You still have to pay the rent due as well
Hi David, no sorry, I meant that we renewed when she left last 11th of May, since we had to renew it because she left otherwise would have stayed the same as it was when we first signed the contract, so the new term started last May. I hope this clears any other doubts.
So 6 months from 11 may means you can’t give the 2 months notice till 11 Nov, and would end the tenancy 8 months after 11 may so 11th January at earliest
