Can somebody explain a break clause in my tenancy agreement?

[elka]

i renewed my fixed term tenancy agreement on April 2012 for further 12 months. There is a break clause stating, the tenant shall be entitled to terminate this tenancy by giving notice to the landlords follows: 1.2.1 the period of the notice to be a minimum of one calendar month 1.2.2 the notice period will expire on the last day of a period of the tenancy and must be served in writing. 1.2.3 notice must be served in accordance with the attached tenancy terms and conditions.

could somebody please explain the 1.2.2 as i don't understand. can i move out by giving them one months notice as this is what i would like to do at this stage. thank you

[mariner51]

Is the quoted break clause included in current AST signed Apr 12 as it appears to relate to SPT notice periods?

It can be repudiated if there is no equivalent provision for LL to activate break clause

Best interpretation, if T commenced on first day of April, with rent payable pcm, then last day of T period is last day of cal month. Effect of valid activation of break clause is to terminate fixed term & create SPT on expiry.

A T NTQ could activate break clause AND terminate T on expiry at end of rel T period, in this case at end of 2nd T period ether OP has incorrectly assigned break clause of AST 1 to AST2 or break clause poorly drafted. Most AST break clauses cannot take effect until end of month 6.

Fixed term terminations can only be effected by Court Order or mutual LL/T consent

[raydetinu]

seems poorly drated as it implies T can terminate at any time during the T term. i.e no ninimum period.

However 1.2.3 refers to t & C where it may say what the (break ) or minimum is!

[Steve__M]

It would be good to see the whole context. You say "There is a break clause stating that..." which is a paraphrase.

 

What does the tenancy contract *actually* say prior to these sentences.

 

Also, individual words matter! Can you make sure you copy them completely and accurately - eg. you have said: "by giving notice to the landlords follows" which suggests there is a missing word here. This word may not matter, but there may be other words that do.

[elka]

Thank you very much for the replies. i have given them one months notice and it was accepted.