Hello - I’ve a query on when the break clause can be used in my AST agreement. My contract started on 27th July with 2 months notice after 4 months. I have handed 2 month notice in on 10th March to leave 10th May but landlord is saying it needs to be date of rent payment and I can’t leave until 27 May. I’ve had break clauses before and have all been anytime and not aligned to rental date. The clause states “anytime after 4 months” as below. Any help appreciated!
Mutual Break Clause
12.5. Any time after 4 months from the start of the Tenancy Agreement either party can exercise the break
clause by giving two months notice in writing to the other party. This means that the earliest time that the
tenancy can be ended by this clause is after the expiry of 6 months from the commencement of the Term.
Any time means any time
I am in agreement with you
How long is your AST?
Thank you, that was my interpretation. Its a 12 month contract but with that break clause option from 4 months which I’m well past now. Nothing says it should align to rent date and it’s OpenRent standard contract that was used.
There is another thread on here with a similar question and @David 122 has given the tenant the information he requires to be heard
Just search break clause on this page to find it
Its a good example of why break clauses are a bad idea.
Hi @David122 thanks I looked at the other thread but as the terms were worded different I wanted to check separately. Would you say he “anytime” would work to 2 months notice or is it usual to be bound to rent date without that stated in the contract? Thanks
I think it would be up to a judge to say. I would side with A_A’s interpretation, that its a bare two months. Months are not clearly defined either. As I may have said in the other thread, judges will side with the tenant on interpretation of contract clauses because they are the weaker party in the deal. The only way I could see the landlord having any defence is if there is a clause in the contract that tightly defines the term ‘notice’.