What do you think this break clause means?

[Ilovetolurk]

Currently renting and wanting to come out of my 12 month contract at 10 months, by giving 2 months’ notice (I’m now at 8 months into the year). Given the wording of the clause below do you think the break clause is limited to coming out at six months’ only, or at any time after 6 months by giving the required 2 months’ notice?

“Either party may terminate this agreement at the end of an initial 6 month period from the commencement date by serving on the other party not less than 2 months written notice of such intention to so terminate. For the avoidance of doubt,
such notice can be served at any time after an initial period of 4 months shall have elapsed from the Commencement date. Any such notice served by the tenant on the landlord shall expire on the last day of a rental period of the tenancy.”

It doesn’t say “after the end of an initial 6 month period” but then why say you can serve notice at any time after 4 months if it wasn’t flexible?

Rental period is not a defined term but I was assuming it means each monthly period. It was originally intended for 6 months I believe but wording is a bit sloppy

I believe it means you can leave at 6 months if you serve notice at four but if you miss that window you have to wait to the end of the term

I have similar in my contract (a year with a six month break clause) and queried the wording. I think in your case it means that after the first six months you can give 2 full months notice (so before rent due day). So if you want to leave after 10 months you need to give notice before rent due day of month 8.

See, I think that was the intention, but by including wording that allows me to give the notice at any time after 4 months I am hoping that it doesn’t apply

That reads to me as if you cannot break it before 6 months but after that, you can break at any time with 2 months notice, with the notice period ending on final day of any rental period, which, if you pay by the month, is monthly.

If your rental period is 20th to 19th of the month, for example, your notice period must end on the 19th of the month. So if you give notice on the 1st of March, your notice period would end on the 19th of May, even though that is longer than 2 months.

It does mean that at month 6 ( so you’d need to have given notice prior )you can leave but after that you are in till the end..