Break in agreement

Tenant Discussion
1

Hello Everybody,

I am looking to break my tenancy based on the standard contractual agreement which reads:

“The Tenant and the Landlord may at their option end and terminate the Tenancy by notifying each
other and the Landlord’s agent in writing , in which event this Agreement shall cease and terminate two
clear calendar months after the date of delivery of such notice. However, such notice may not be given by
the Tenant or the Landlord until on or after 3rd January 2022. The termination of the tenancy may not
therefore take place before 2nd March 2022 resulting in a minimum tenancy of 6 calendar months. This
termination shall not affect any rights or liabilities which may have accrued under this Agreement.”

Now from what I read this means that:

If I give them notice as of tomorrow (March 8th) the contract terminates on May 9th and I have to leave May 8th.

Now my rent is due on the 3rd of each month so if I indeed did that tomorrow and moved out on the 8th May, I’d have to paid up until the 3rd June even though I wouldn’t be allowed in the apartment from 9th May - 3 June. So I’m guessing here that its BEST (in terms of value for money) to give notice on the 2nd April and move out on the 2nd June?

Is my thinking here correct?

Many thanks,

2

Unless there is another clause somewhere in the agreement stating that any tenants notice must expire on the last or first day of a tenancy period, that break clause should allow you to serve the notice at any time. If you serve it today 8 March, the tenancy will end on 7th May, (not 9th) and you would have to leave on or before 7 May. In this case the landlord/agent should refund you the rent for the excess days, but they may not see it that way. If they refuse, call Shelter for advice on how you recover the funds.

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3

I can’t see another clause so this very clear thankyou!

4

If there’s no other clause personally I would pay on the 3rd just the four days of rent owing. Whether this is right or wrong, don’t see what they could do about it if I was leaving four days later.

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