Question on activating break clause on a fixed term 12 months as a tenant

Tenant Discussion
1

Hello all,

I am under a contract under openrent with details as following:

Fixed Term Length 12 Months
Break Clause Break clause can be activated after 4 Months

I understand that although I signed a 12-month tenancy agreement, I may activate the break clause in the 4th month and vacate the property by the 6th month without further rent obligations, as the contract would end at that point.

Could someone please confirm whether this interpretation is correct? My landlord insists that I am committed to the full 12-month term.

For reference, I’ve included the relevant section of my current rental contract below. Thank you in advance.

Mutual Break Clause
12.6. 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.
Effect of Notices to terminate the tenancy
12.7. On the expiry of a notice to terminate the tenancy under clause 12.2 or 12.6 the tenancy shall end and no
further obligations shall be performed under the tenancy save that either party may pursue the other for any
breach of this agreement occurring before the expiry of the notice.
2

Joelman

Your interpretation is of course correct. There is nothing ambiguous about the Break Clause that needs explaining. It sounds like your landlord could be difficult to deal with so it is important for you to serve notice to leave correctly so there is no comeback. My advice is to read the Help links which provide all the necessary guidance on serving notice.

1 Like
3

Its not quite as you say. You can serve notice at any time, but it has to expire in the 7th month, not any of the first 6.

4

It’s a break clause.

Just be careful with the timing as noted, and also be mindful that the landlord may give you a negative reference in future based on their own interpretation.

If possible, get them to speak to a third party so someone else is validating the position.