Break clause

[Loubylou79]

Hi. Just after some advice. I am a landlord with tenants who have a 12 month contract with a 6 month break clause. The tenancy commenced 27th December 2014. We wish to exercise our break clause. This is taken from our contract
On or prior to the date the FIFTH rental payment is due either the Landlord or the Tenant may give written notice to terminate this Tenancy Agreement on the last day of the SIXTH month.
Does this mean we need to give notice by 27th may to end the tenancy on the 27th June or could we give 2 months notice to end the tenancy on 27th July? It's very confusing!!!! Thanks for your time busy mummies!

as they say on landlordzone 'ask a grown up - preferably one with legal knowledge' but my understanding is that contract terms cannot override the law. And the law is that notice landlord to tenats is 2 months.

so I think it is two month's notice - but check.

also check your legal and malicious damage insurances just in case this notice is not well received.

Thanks for the reply. I think that my main concern is that if there is a 2 month notice period, should we have not given this last month so effectively at 4 months to complete the tenancy at 6 months so we are not locked in for another 6 months? Or is it possible for the end period to be at month 7 if we give our notice now to the tenants. I'm not sure I am explaining myself very clearly!

Wouldn't the 5th payment have been made in April? My reading if it is that if payment is due on 27th may then the tenancy will end on 25th July. I have no idea if you are allowed to do this though - I think you need to ask an agent.

er...all I can say is that my tenant is on six month contracts (as long as he wants to sign up for) and the agent reminds us at 3 months that if we want to issue notice for the end it has to be done at 2 months.

tenant to landlord notice IS 1 month. I think your contract is incorrect.

can you give notice now for them to leave at 7 months? Possibly, the minimum time for an AST is six months.

at which point I fling up hands and say 'not sure'. BTW do you know what they want to do?

The 5th rental payment was due on 27th April, presuming they pay monthly in advance. The last day of the 6th month would be 26th June.

"On or prior to" seems to indicate to me that you have missed the break clause unless there is Adirondack wording to suggest a rolling break.

Additional not Adirondack!

What Zampa says. The 5th rental payment would have been due at the START of the 5th month so 27th April in order that you could have given 2 months' notice ending at the END of the 6th month (so on 26th June). You have therefore missed the deadline if you haven't served notice.