Good afternoon,
we have a 12 month contract and we have started the 4 month of tenancy and we would like to move and below is what we have in the contract. ALso this is second year we are here. We already had 12 month contract and this is from the new one. So, can we give notice now and leave after 60 days or we need to wait when 6 months are fully reached? Or does it mean that we need to be tenants at least 8 months? Thank you!
Break Clause
Notwithstanding the fixed term stated in Clause 1 of the Main Terms of the Tenancy, the Parties hereby agree that this Agreement may be terminated by either the tenant giving to the landlord at least two months’ notice in writing, or the landlord giving to the tenant at least two months’ notice in writin**g, subject to any prevailing regulations or legislation, such notice not to expire until after six months of the start date of the Term. At the end of such notice the Tenancy shall end and all obligations and responsibilities shall cease; subject nevertheless to any claim by either Party against the other in respect of any breach of any of the terms and conditions of the Agreement
You can give 2m notice to end at at time after the six months
I had a very similar term in a previous AST I used. I worked on the basis that the tenant can give notice no earlier than the first day of month 5 of the tenancy and the tenancy to end (tenant must move out) on the last day of month 6. Although this does not exactly mirror ‘such notice not to expire until after six months…’ it has always seemed fair when explained to a tenant. ie. if rent is due on the 15th of each month, notice may be served on the 15th of month 5 at the earliest and the tenancy expire with the tenant providing vacant possession by midnight on the 14th of month 6. As I now only offer a 6 month AST with no break clause which becomes contractual periodic thereafter, I no longer have this issue.
According to the contract, you can serve notice to break the contract from day 1 of month 5.