Tenancy Termination

Hi,

I told my landlord that I wanted to terminate my agreement after 14/3/24 and told him on 6/2/24. According to the agreement, it says that the Rental period is for 12 Months, commencing from 14 September 2023 and ending on 13 September 2024, with a 6-month’s break clause, which means the tenant or landlord can terminate this agreement only after 13/3/24 by giving 30 days’ written notice. However, my landlord said I am only free to leave by giving him 30 days notice after 14/3/24, which means I will have to pay him rent up to 14/4/24. May I ask if this is true based on the above tenancy agreement? Thanks.

Depends on the exact wording of the agreement, the break clause and exactly how notice has to be served by either party. Usually, notice is served formally in writing or using an agreed email address if documented in the tenancy or even Whatsapp if that has been agreed (unlikely). Its quite usual that notice to terminate the tenancy under the break clause can be given during the fixed term. So, in this case as the six months expires at the end of 13th March, you should give notice no later than 14th Feb (ideally before) if the documented reciprocal notice period in the tenancy agreement is 1 month. In reality, a landlord or tenant can accept a shorter notice period but it is completely at their choice.

The agreement says it may be terminated by either the Landlord or the Tenant on expiry of 12-month tenancy period by giving 30 days’ notice in writing. The tenant or Landlord may terminate the agreement after 13/3/24 (under 6 month’s break clause) by giving 30 days’ notice. I noticed him on 6th February, may I ask if I still need to pay him up to 14/4/24?

The wording is slightly ambiguous and could be read either way. In cases like this, a court will usually find for the “junior” partner in a contract, so if you were to stick to your interpretation, it would be foolish if the landlord to take you to court. However its also not entirely without risk for you.