break cause, can i give a written notice before this period? Watch

yeahyeahyeahs
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Report Thread starter 10 years ago
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okay need a bit of help.


my friends and i signed a 1 year contract with 8 months break clause.

when speaking to the agent we said we only plan on staying there for 8 months. he said okay, and wrote it down as a break clause.


now after searching on the net, i find out we have to give a 2 months written notice to say we are leaving AFTER THE BREAK CLAUSE.

which means its technically a 10 month contract but 8 months?!

i thought i could give a 2 months notice after 6 months and leave exactly on 8 months (when the break clause finishes)??
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mja
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What exactly does your tenancy agreement say? It may be that you are misinterpreting the legal effect of the form of words used.

Certainly, in a 12 month tenancy agreement, a break clause allowing you to give 2 months notice after 6 months is far more usual than one requiring two months notice after 8 months.
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yeahyeahyeahs
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well they changed the contract so it was only 8 month break clause instead of 6.

so we cant leave the property till after 10 months?
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mja
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What do you mean "they changed it"? The contract which is binding on you is the one that you signed - did you sign a contract which only allowed a break after 10 months? If you did, then yes, you have to keep paying rent (and meeting any other obligations of the lease) until the 10 months it up.

But the reason I query the wording is that the form of words commonly used for break clauses usually talks about the minimum period including the notice, then specifies the notice (so for an 8 month break, 8 months and 2 months). Often people misinterpret this as meaning 2 months notice after 8 months ie 10 months in total.

So it would be helpful to know what exactly the relevant clause says, in the agreement you signed.
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