Break Clause - Standard AST Clarification

Tenant Discussion
1

Hi OpenRent,

I am entering into a 12 months fixed term tenancy agreement. In the AST, there is a Mutual Break Clause

‘‘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 6 months after the start of the Term.’’

Could you please specify if it means the minimum stay is 8 months or 6 months?

Thanks
Yu

2

Welcome. You will find, I think, everyone on this site helpful.

It is a minimum of 6 months.

I understand - the phrasing seems ambiguous, but is an attempt to clarify the rules, with perhaps an unintentional twist.

The landlord is committed to a minimum 6 month lease by law. This means you can ask to leave before then, but they can’t ask you to leave until six months has expired.

The twist is that, intentionally or otherwise, it is phrased so that you too are committed to a minimum six month lease that can expire 6 months after the start date.

So if one of you wants to end the lease, that person must issue the notice to leave sooner than 4 months from the start of the tenancy with a leaving date of six months after the tenancy started.

If you want to leave later, give 2 full calender months notice at any time during the lease.

While that is the agreement, you can mutually agree a leaving date at any time if personal circumstances change, but if the landlord disagrees, you are committed to the above agreement, a minimum of six months.

That is my understanding of that requirement.

Good luck

1 Like
4

Thanks John, that’s what I understand the same as you . However I’m considered about what the legal wording shall be if we’d like to have a minimum stay of 8 months.

Hi Open Rent,

Could you please confirm our understanding ?

If our understanding is right, please could you suggest what the legal wording for the break clause shall be "a 2 months notice could only be given at the 6 month to early terminate the 12 months fixed term meaning 8 months minimum stay? And please guide how the landlord can change this standard term Open Rent Contract at the platform?

Thanks
Yu

5

Just stay for eight months
If the landlord wants you to leave at 6 months he has got to give an eviction notice of four months and by the time it’s got through the courts 12 months will have passed
Break clauses are for your benefit not for the landlord’s