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james bruce
james bruce, Solicitor-Advocate
Category: Property Law
Satisfied Customers: 4509
Experience:  Owner at James Bruce Solicitors
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Does an assured tenancy agreement of three years typically

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Does an assured tenancy agreement of three years typically have a break clause? e.g. after the first 12 months and the second twelve months and how long would be the typical break period in that case?

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Customer: replied 15 days ago.
Thank you James.

There is no legal requirement for any assured tenancy agreement to contain a break clause, however, longer tenancy agreements of more than 12 months are far more likely to contain a break clause of some type.

It may be a rolling break clause, that is one which for example can be given by service say 2-3 months notice any time after the first 12 months.
Or, it could be a fixed one of break clause for example the tenancy can be ended at the 12 or 24 month period by giving 2 clear months notice.

With the latter type, if the notice date is miscalculated then it is easy to miss the break clause and the tenant could be stuck for another year.

Customer: replied 15 days ago.
But it would typically always include a clear months notice with 2 months being the minimum I would suppose? (for either side - tenant and landlord)?

The required period would be up to the landlord to decide normally 2-3 months are common.

Customer: replied 15 days ago.
Perfect. Understood. Thank you very much.

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