12 month break clause interpretation in 2 year tenancy contract

[whybi]

Hi,

 

Can you please help interpreting the below break clause?

 

"On or prior to the date the TENTH rental payment is due either the Landlord or the Tenant

may give written notice to terminate this Tenancy Agreement on the last day of the TWELTH

month. 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. If this clause is not invoked

the Tenancy Agreement will be for twelve months from the commencement date."

 

Does this mean, I lose ability to break clause if I don't use it before 10th month into the tenancy?

 

Thanks for your help.

 

Kind regards,

[raydetinu]

Correct.

However should it not read -

"If this clause is not invoked the Tenancy Agreement will be for TWENTY FOUR MONTHS from the commencement date."

[mariner51]

My interpretation of this clause is that T can activate 12 month break clause at any time before commencement of 10th month T period to expire at end of 12th month T period ie 3 month Notice period.

As OP surmises, the break clause dates are quite specic, min 3 month Notice required and can only expire at end of 12th month. If theses dates are missed the OP is committed to full fixed term of 2 yr (24 month).

Reasonable in circumstances, otherwise OP should have opted for 12 month fixed term.

 

"Does this mean, I lose ability to break clause if I don't use it before 10th month into the tenancy?"

Yes it only allows you vacate after activation, at end of 12 months, not sooner nor later, during fixed term.