The tenant signed a 12 month agreement, when that ended they signed a new 12 month agreement (Started 1st Dec '23). They have now decided to end the agreement and want to give a months notice. The break clause states they should give 2 months notice. They could only give a month if it was a rolling contract and not signed a new 12 months contract.
So my question is, am I right?
Mutual Break Clause
9.6. 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. A notice served by the Landlord under section 21 of the Housing Act 1988 shall be sufficient notice under this clause.
The Tenant is obliged to pay rent up to and including the termination date, so if the tenancy is terminated on a date which is not the last day of a rental period, the rent due for any incomplete rental periods will be apportioned accordingly.