Break Clause Confusion

David122,
If you read from the beginning, he has asked about notice periodic for a 12 month AST.

And if you read a bit further on it says

“In the event this Tenancy becomes a contractual periodic tenancy, the Tenant is required to give the Landlord not less than one months’ notice…”

Yes, once it becomes periodic that is the case. However, if he is out by the end of the AST no new tenancy (periodic) is created hence no need for notice within the last two months if he wants to leave before the periodic tenancy is created by default on day one, month 13.

Please look here before you give more advice on this topic:

Per, I think you have misunderstood the nature of a Contractual Periodic Tenancy. Its basically one tenancy from the start. The initial term is just a longer first period of a periodic tenancy.

A fixed term tenancy ends through the efluxion of time, and because it ends, a tenant may leave on or before it’s expiry without notice. Where it is specified contractually to continue on a periodic basis, the tenancy doesn’t end, and notice must be served to end it.

David122
There’s no point in discussing this any further. Thanks for your thoughts.

You dont seem convinced. Have a look at the arguments in the Leeds vs Broadly case here: Rather too certain to be uncertain - Nearly Legal: Housing Law News and Comment

If its too long, just read Giles Peaker’s summing up at the end.