break clause - Tenancy agreement

L

laurie74940

Registered User
Messages
3
Hi there,

I have signed up a Tenancy agreement for a term of 12 months, the break clause is as follows : " It is agreed that either party may give TWO months prior notice to terminate this agreement subject to a minimum term of SIX months."

I read it as ( probably wrongly) that I can give my notice month 4 to be free of my engagement by month 6. (to perform the minimum 6 months term)

The agency sees it as I can give my notice at month 6 and be out by month 8.

Who is right ?

Many thanks for your help !

Rgds
 
I can only see your interpretation being right. There's a minimum term of six months and two months notice of termination, so giving notice after four months allows for termination after the minimum term of six months.
 
I read it as you would need to be 6 months into the tenancy before you could activate the break clause
 
I interpret it as follows - it explicitly states that the minimum term is 6 months, not 8. In order to be out by 6 months you need to give notice before 4 months are up.
 
It looks like it's no clear cut as people seems to have different interpretation. How can I challenge the agency ? Bottom line, to them, I can only give my notice after 6 months, they put the flat back on the market, if they find someone quickly all is well for me but otherwise I owe them rents until the 8 months.
 
Raise a dispute with the PRTB.

Whatever you do, give them notice just before 4 months that you are moving out at 6 months.

I would serve a Notice of Termination as described on the PRTB website.
 
Agree with the agency, the clause stipulates that each Party can issue a termination notice after a 6 month term minimum; you can challenge it but the agency will rightfully hold on to your deposit, regardless of how quickly they can find a new tenant.
 
It doesn't state that the notice has to be given after six months.

  • Either party can terminate
  • Two months prior notice must be given
  • The minimum term is six months
 
Páid said:
It doesn't state that the notice has to be given after six months.

  • Either party can terminate
  • Two months prior notice must be given
  • The minimum term is six months
Click to expand...
I would go along with Páid.

Also, if the agency, who are supposed to be professionals in their business, have a clause in their lease that is ambiguous, then, in my opinion, the PRTB would find in favour of the tenant who has no such kind of knowledge.
 
That is part of the issue, I have rented flats over the last 10 years with this agency and never had any issue, it just happens that in that particular occasion, I need to get out of the tenancy agreement earlier than expected and we found ourselves having a different "interpretation" of the break clause. I first assumed that they are the professionals and they must have legal grounds to be so assertive, secondly, English is not my first language, so maybe I was missing something ...
 
You must log in or register to reply here.
Back
Top