Break clause - rental agreement

[chocshot]

Hi,

I'm new to this so apologies if it's in the wrong section but I was wondering if anybody can help me understand this? I don't want to tell my estate agent that I want to move yet but would like to fully comprehend this.

"NOTICE The tenant will give the landlord one months notice in writing if the tenant intends to give up or surrender the tenancy; not before one month prior to the end of the fixed term and if the tenancy becomes statutory periodic (month to month) the notice must cease at the end of a rental period."

Thanks in advance!

I read that as meaning that you can give one months notice but only one month before the end of the agreed period, i.e. Not before 11 months into a 12 month contract, and after the end of the agreed period you are on a rolling monthly agreement and you can give one months notice but it has to be such that if you pay your rent on the 1st of the month your notice would be given on the 1st of the month so that your tenancy ends on the 1st of the next month.

That's correct except the notice would expire the day before the next rent payment was due. So 31st of the month if you pay rent on 1st.

Oh and that isn't a break clause: it's the form of tenant's notice to the landlord.

Ah thank you both!

I can't seem to find a break clause in my contract then... I'm looking to buy and things are happening faster than expected... I guess I'll just have to phone them up haha. Cheers!

There isn't usually a break clause in a short AST! You are tied in for the term of the tenancy and will be liable for rent for the whole term. As others have said, the clause you quoted above means you have to give one month's notice if you don't want the tenancy to go beyond the 6 or 12 months (or whatever the term is).

If you have no early break - there certainly won't be one before six months - then you are tied to the end of the contract. That's the deal you signed.

England /wales - a tenant does not have to give notice to leave at the end of the fixed term, although it is helpful. Stay one second after midnight at the end of the fixed term and you are on a rolling tenancy . notice from tenant is then one month as detailed.

Do not give notice until you have exchanged contracts.

If this means you will have a long overlap, all you can do is ask the landlord to agree an early release. They don't have to agree but it makes sense, no one wants a pissed off tenant in residence.

As a FTB you probably don't know that you won't need to make a mortgage payment until whatever payment date you have agreed payments will be paid the month after you move in. If you complete on 1st June, say, you won't make a mortgage payment until 1st July.