Break Clause, United Kindom

Tenant Discussion
1

I’ve recently moved into a flat in the UK (where I’ve paid 12 months up front) but have had someone in my family get extremely sick so I’m planning on heading home as soon as I can. Now I have a 6 month break clause in my contract which states word for word; should either party wish to terminate the tenancy, it is agreed that a minimum of 2 months advance written notice must be served on the other party and the tenancy must not expire within the first 6 months of the tenancy commencement date. In this lease the earliest date either party can give notice will be the 4th of November 2024 to expire 2 months after service of that notice.”

I’m am wondering if i initiate the break clause how likely I am to actually get the remaining 6 months I’ve paid up front back or is there any legal requirement for the landlord to pay it back?

2

The LL would have no legal grounds to keep the rent you paid in advance if you exercise the break clause.

1 Like
3

The post above is correct. If you exercise your break clause to expire the contract at the 6 months point, the landlord needs to return the 6 months of rent you’ve paid up front for months 7 to 12. Discuss it with your landlord to make sure that’s clear.

4

plus interest?

Not that it’ll be much. I just wondered…

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