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Please help me understand my tenancy break clause

10 replies

HelgaPatakisDiary · 21/12/2022 14:38

Good afternoon,

I'm hoping someone can help me out with my tenancy agreement (England).

I'm on a 24-month contract, which started 2nd April 2022.

I have a 12-month break clause and need to give 2 months' notice to end it.

What's the earliest date I can contractually hand in my 2 months' notice?

The official wording of the contract is:

This Agreement may be terminated early by either party by giving to the other party two months notice in writing at any time such notice not to expire until Twelve (12) months of the term of this agreement has passed and upon expiration of this notice this Agreement and everything contained within it shall cease and be void subject nevertheless to the right of the parties in respect of any antecedent breach of any of the covenants contained therein.

Thanks in advance.

OP posts:
Roystonv · 21/12/2022 14:41

You can hand your notice in at any time but what you can't do is being your tenancy to an end until the end of the initial 12 months unless both parties agree.

Hellno44 · 21/12/2022 14:42

You can give notice 10 months into the tenancy. Give notice Feb to move out in April.

HelgaPatakisDiary · 21/12/2022 19:23

Thank you for your replies.

OP posts:
GrannyAchingsShepherdsHut · 21/12/2022 19:26

You can give notice anytime in the first 10 months, to end the tenancy at the 12 month mark.

I would not make it dead on 2 months before the 12 months mark, as if you fluff it by a day, or they say its got to be 2 full calendar months or something (even though it doesn't say that) then you could find yourself in a pickle. I'd give 2.5 / 3 months notice I think.

GrannyAchingsShepherdsHut · 21/12/2022 19:30

Oh, re read and saw your question what's the earliest date you can give notice - answer is: now, today. But the notice will end the tenancy April 2023, regardless of how early you submit it.

Coffeesnob11 · 21/12/2022 19:45

Just to say mine was the same but they managed to re rent mine out for the rest of the term so that may be an option too.

HelgaPatakisDiary · 21/12/2022 19:54

Many thanks. @Coffeesnob11 that's reassuring. Do you mind me asking, how did you navigate that situation? Did you have to write a letter asking to surrender the tenancy or have to pay extra fees to end the contract early?

OP posts:
Thinkwicebeforeyouleavemylife · 21/12/2022 20:03

I work in lettings op!

You can give your notice at any time but the tenancy can't end until a year has passed since the start of the tenancy. So you can give notice at 10 months to leave after 12.

There shouldn't be any fees since the break clause was embedded into your contract.

X

Coffeesnob11 · 22/12/2022 10:06

HelgaPatakisDiary · 21/12/2022 19:54

Many thanks. @Coffeesnob11 that's reassuring. Do you mind me asking, how did you navigate that situation? Did you have to write a letter asking to surrender the tenancy or have to pay extra fees to end the contract early?

I just spoke to the agent, I couldn't send a letter as officially I had to pay the fees until someone else takes over. I moved Monday and the new tenet moves in on 9th Jan. There were no fees I just had to risk paying double rent. I did know it would rent though as it was a great flat. Good luck

HelgaPatakisDiary · 22/12/2022 14:02

You’ve all been helpful, thanks so much.

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