Does the tenancy contain a break clause anywhere else in it which states that the landlord or tenant can terminate the lease earlier than the fixed term by serving notice?Tom
Are you certain that you have typed the following extract correctly (if not please retype a corrected version):
"Should the fixed term of the tenancy not be execute the tenant will give one month's notice in accordance with the period of the tenancy, and ensure all utilities are not discharged until the end of the notice period"
Thanks for your question. I will try to help.
The extracts that you have typed do not amount to a break clause allowing a party (whether landlord or tenant) to terminate the lease earlier than the fixed term.
The original extract in your question seems to refer to the ability to terminate the tenant earlier than the fixed term elsewhere in the tenancy, but it does not itself constitute a break clause.
So, unless there is a clear break clause anywhere else in the tenancy which you have missed then the tenancy cannot be terminated any earlier than the fixed term.
The original extract deals with a refund IF the tenancy is terminate earlier than the fixed term “in accordance with the agreement”. If the tenancy does not contain a break clause then the extract is redundant, because it does not in and of itself give the right to either party to terminate the tenancy earlier than the fixed term.
Slightly sloppy drafting, but no more than that.
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