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james bruce
james bruce, Solicitor-Advocate
Category: Law
Satisfied Customers: 2059
Experience:  Owner at James Bruce Solicitors
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I'm about to sign a 12 month AST for a flat in London and

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I'm about to sign a 12 month AST for a flat in London and there is the following break clause in it saying:
"Only on the either party may invoke this Break Clause by providing a minimum of two months written notice to the other. At the end of such notice the tenancy shall end and all obligations and responsibilities shall cease; subject nevertheless to any claim by either party against the other in respect of any breach of any of the terms and conditions of the agreement."Firstly, it seems that they have not specified a condition since there is a blank after "Only on the []". If I now sign this contract as it is am I correct in the assumption that I could break the contract at any time with a two month notice. But the landlord would need to wait at least 6 months to enforce a break clause and would need to give 6 month notice before terminating the tenancy (due to coronavirus emergency legislation in England from August 29th to March 31st inclusive)?
Customer: replied 4 days ago.
File attached (L5MVGM7)

Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.

You are correct in regards ***** ***** current 6 month notice period from the landlord under covid19 law, there are exceptions to that, such as fraud, domestic abuse, anti social behaviour etc.

As for the tenant giving notice. Yes two months notice must be given. However, in relation to the break clause which is contained in section 31.6 of the tenancy agreement, if the agreement is for 12 months, then the break clause can be utilised after the tenancy has been active for 6 months and then by giving 2 months notice.

If the tenancy is for 6 months, then the brake clause will not apply to the tenancy.

Customer: replied 4 days ago.
But there is another special clause that is also referred to as break clause after clause 33
Customer: replied 4 days ago.
Which break clause of the two would be the one that is going to be used?
Customer: replied 4 days ago.
This is the one I'm referring to:

Section 33 would need to read in conjunction with section 31.
Section 31 is the main section containing the break clause, section 33 basically reconfirms the 2 months notice that would be required.

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