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LondonlawyerJ
LondonlawyerJ, Solicitor
Category: Property Law
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We are experiencing a dispute with our landlord regarding

Resolved Question:

We are experiencing a dispute with our landlord regarding the break clause in our AST.
The tenancy commenced on 30 November 2015 and the period is 12 months, we wish to vacate on the 30 October 2016 and the break clause is as follows:
“This tenancy may be terminated by the Tenant giving not less than one month’s written notice to the Landlord or by the Landlord giving not less than two month’s notice to the Tenant & upon such notice being served the rent payable shall be adjusted accordingly and upon expiry of such notice being served the tenancy shall terminate, PROVIDED THAT such early termination shall not prejudice the right of action of either party against the other in respect of any previous breach or non-observance of the stipulations and conditions of this agreement and PROVIDED THAT such notice shall not be given whereby the tenancy would terminate at a date earlier than 6 months from its commencement.”
Our reading of the clause is that we can give one months notice as long as we have not broken the conditions of the tenancy agreement, which we have not, and we don’t end the tenancy before 6 months. However, our Landlord says that it is a 6 months break clause and we could only end the tenancy at 6 months i.e. 30 May 2016, or at the end of the tenancy i.e. 30 November 2016. We don't see reference to only beginning able to end the tenancy at 6 months or to not being able to end it later than 6 months and struggle to see how this is implied in the wording of the clause. We think it implies that the tenancy can be terminated at any point after 6 months with one months notice.
Please can you advice which interpretation is correct?
Submitted: 9 months ago.
Category: Property Law
Expert:  LondonlawyerJ replied 9 months ago.

Hello, I am a solicitor with 20 years experience. I will try to answer this for you.

Based on this clause you are correct and you landlord is wrong.

LondonlawyerJ and other Property Law Specialists are ready to help you
Customer: replied 9 months ago.
Thank you, that's what everyone is telling us. However, landlord and agency don't agree and not acknowledging my one month notice that I sent. Landlord forcing us to stay until the end of tenancy agreement.

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