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Jamie-Law
Jamie-Law, Solicitor
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I have signed a tenancy agreement in 2015 for 2 years with

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Hi,I have signed a tenancy agreement in 2015 for 2 years with 18-month break clause. The exact wording of the break clause part:Both parties have agreed an 18m-month break clause. Notice can be serviced by the landlord on month 16 or 22 the tenant ca serve notice at month 17 or 23.There are couple other points about notices:To gain possession of the property at the end of the tenancy, the landlord is required to give 2 months notice in line with tenancy dates.To vacate the property at the end of the tenancy, the tenant is required to give 1 months notice in line with tenancy dates.In June 2017, I have signed an extension to the contract for a further 14months. The extension does not mention anything about break-clauses.When I was signing it, my understanding was that because I was allowed to serve a one month notice in months 17 and 23, that the same periods would apply in my extension (months 29 and 35). This would mean that I can serve a one month notice in May 2018.Landlord argues that this is not the case and I'm locked in for the whole 14-month contract extension as there was no specific break-clause agreed in the extension. Based on what I've told you, are my assumptions about the break clause automatic transfer into extension correct?
Customer: replied 3 months ago.
Attached is the original part of the contract about notice periods.
Customer: replied 3 months ago.
Attached is the original part of the contract about notice periods as well as the extension for the contract.

Hello my name is ***** ***** I will help you with your question today. I am reviewing it, please give me a moment.

I am not with you, in which month did you want to give notice?

Customer: replied 3 months ago.
Inwantnto give notice in May, month 35.
Customer: replied 3 months ago.
My assumption was that because original contract allowed me to serve notice in months 18 and 23, the extension will allow me to serve notice in months 29 and 35. My landlord argues that it's not the case.

But it does not say it applies to an extension?

You can serve on month 16 or 22.

What did the extension say? It was renewed on same terms or just that it was extended?

Customer: replied 3 months ago.
Original contract allowed me to serve notice in months 18 and 23.The extension is attached to the question, it says that original terms of the contract are all valid.I've attached 2 documents to the question. One of them is the page from the original contract that has the notice period information. The second one is the extension, both are single page documents.

This says it is extended. It does not start again.

If it was renewed and a brand new contract was started, on the same terms, then you would be ok.

It has not been. The old one has just been extended. Therefore the original period simply extends to 19th August 2018.

Because it is an extension, not a renewal then you will simply be further into the contract. It is only the term which has been extended.

I am sorry if this is not the answer you want, nor the one I want to give you, but I have a duty to be honest.

If you do not pay, the Landlord can try and take you to Court. It would then be down to a Judge to decide.

Can I clarify anything for you about this today please?

Customer: replied 3 months ago.
basically, I have no legal right to serve a notice until the end of the extended period?

On my reading, sadly not.

Because it is not a renewal. You are just extending the period in question.

I am so sorry, but that is how it appears to be drafted.

Does that clarify?

Customer: replied 3 months ago.
Even though it says that remaining terms (other than the period) remain the same from the original contract?

Yes. It calls it an extension and says it now runs until 19/8/16

It does not say it is renewed.

The existing terms do still apply. You will not be in month 16 or 22. By carrying on you will be further on and therefore past the dates.

It is not renewed so the clock does not start again.

You are carrying on from the existing date of expiry

Does that clarify?

Customer: replied 3 months ago.
thank you.

I am really really sorry it is not better news.

It is worded very badly, so it favours the agent.
If you refuse to pay, you could get a Judge who is sympathetic, but there is no guarantee of that.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer. If you need anything further I am available for a follow up at no extra cost.

Customer: replied 3 months ago.
Thank you for your help. Not sure how do I mark the question as answered, but I'll figure it out.

You are rating the fact I answered it - that part of the service.

Not whether or not it is the answer you want.

People go to Solicitors all the time, but don't necessarily get the answer they want or expect.

Please remember I am only credited for my time with a positive rating. Thanks in advance.

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