I have a 12month fixed term contract with a 6month break clause which says i would need to give 2months notice. I read it as 2months notice if i want to use the break clause. So at the end of the 12months fixed term is that also a 2month notice or can i expect it to just be the end of the contract. Is there anything i can do if landlord is saying i have to give 2months to end the contract even though its the end of the fixed term and this would take me over the 12months
Hi
Tenants can end tenancy at end of fixed term without giving any notice although you should try to give notice where possible to be fair to landlord. Landlords need to give 6 months notice.
If you go beyond fixed term period you would need to give 1 months notice.
You need to report the break clause in full
I use a very similar break clause at 6 months on 12 month AST with 2 month’s notice either way (obviously 6 months for landlord right now). This means that the contract can be ended at exactly 6 months earliest with notice given exactly 2 months before. Thereafter, notice can be given at any point with the contract ending exactly 2 months later up until the 12 month point when the contract naturally ends and the tenant can leave then with no notice (rude). If the tenant is permitted to stay longer without renewing the contract, it becomes a periodic tenancy and standard notice is 1 month at any time.
Some landlords insist that breaks can only be at full months (from beginning of tenancy) which I feel is unfair. Of course, landlords can agree to accept shorter/longer notice at any time. You do not need to prove that notice has been accepted by the landlord if you issued it at a correct time. My best advice to do all of this type of thing in writing.
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Would love some advice on a similar situation.
We let the letting agent know we are leaving the property out of courtesy 1 month before the end of the 12 month fixed term agreement (with 6 month break clause). The letting agent insists we should give 2 months notice, as per the break clause, bringing us over the end of the fixed term contract. There is no wording within the contact mentioning notice periods, and definitely not anything specific to the end of the 12 month period, beyond the break clause for which we had the same interpretation as Nilesh i.e. this is only applicable if we end the tenancy early.
If anyone could offer advice as to whether this interpretation is correct I would be most grateful, the letting agent is very forceful in their position that rent must now be paid beyond the 12 month fixed period, as we have not given a long enough notice period. Period and break clause in our contract below:
Term: For the term of 12 months commencing on dd/mm/yyyy
The landlord and tenant agree that this tenancy agreement may be terminated early by either party provided that:
A) The landlord has given the tenant not less than 2 months notice in writing stating that he requires possession of the property.
B) The tenant has given the landlord not less than 2 months notice in writing that he wishes to vacate the property
C) Any notice to terminate the tenancy can be served by either party at any time during the tenancy but will not take effect earlier than six months after the beginning of the tenancy, giving a minimum contact term of eight months for tenant(s) and eight months for landlord(s).
The answer depends on what type of tenancy this is. You need to look at the clauses in the agreement covering the term and what happens when it expires. If it says something like the tenancy will then continue on a monthly periodic basis or a contractual basis then the tenancy may give way to a Contractual Periodic Tenancy and the notice requirements in the contract would be valid. If it doesn’t say anything about what happens at the end of the fixed term then it is merely a fixed term tenancy and tenants are not required to give any notice if they just leave before the end of it. It is of course common courtesy to inform the landlord/agent if you plan to do this and your post indicates that this is what you have done.
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