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Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.
the position in law is that if there is any ambiguity in respect of any clause in the lease document, the ambiguity will favour the individual who did not draft the document. Accordingly, if there were an ambiguity, in the assumption the lease was drafted by the landlord which would usually be the case, the benefit of the ambiguity would go to you.
however, having said that, if the wording of the break clauses exactly as you have posted, I cannot see that there is an ambiguity. As you will know biannual means twice a year. you may be correct that the landlord's intention was that the break clause will operate every two years (biennial) but that is not what it says.
So we should be able to break the lease without having to wait until 2016?
Based on the wording of the clause, it appears a reasonable interpretation that 6 months notice can be given prior to 1st May in order to determine the lease on 1 November 2015.
So to clarify if we wanted to break the lease as soon as possible, we should be able to do that by giving the 6 months notice on the 1st of May
of this year
You need to give the landlord not less than 6 months notice so it would be sensible to consider giving notice as soon as possible rather than waiting til the last moment on 1 May. That leaves room for agument you have not given a full clear six months notice. There is nothing stopping you giving notice sooner than 1st May which would be safer.
Retain a copy of your notice and consider sending a copy by registered post so you can prove receipt.
Is there anything above I can clarify for you?
Thank you, ***** ***** clear, I appreciate the advise
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