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Question

Ending a Tenancy (England) | England | Landlord Wants Tenant to Leave (England)

Break Clause

24 Sep 2020 | 2 comments

I have a 12 month AST from 21st June 2020 with a 6 month break clause but excluding vacation in December and January. Can i give 2 months notice on the 21st October and vacate on the 21st December or am I bound by the December/January clause ?

Answer

2 Comments

  1. guildy

    The notice period that would need to be given is now six months (irrespective of what your clause says) and it depends on the wording of the clause when you can serve the notice. You will need to check if notice must be given after six months or whether the notice can be given anytime as long as it doesn’t expire before six months before serving.

    You will use a section 21 notice when you are able to serve.

    If you can give notice now, the December/January part won’t be relevant.

  2. gjbestates

    Thanks.
    I am actually the tenant not the landlord, so presumably I can give 2 months notice after 4 months of occupation. The clause actually states the following; The Tenant may bring the tenancy to an end at any time before the expiry of the Term (but not earlier than six months from the Commencement Date or the Date of this Agreement whichever shall be the later) by giving to the Landlord not less than two months written notice. This excludes vacation of the property within the month of December & January.
    Can I therefore give notice on the 21st October 2020?

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