Can I request a break clause in my tenancy agreement?

Can I request a break clause in my tenancy agreement?

If your agreement says you can end your fixed term tenancy early, this means you have a ‘break clause’. Your tenancy agreement will tell you when the break clause can apply. For example your break clause might say you can end your tenancy 6 months after it starts if you give 1 month’s notice.

Is a 6 month break clause mandatory?

However, break clauses aren’t mandatory, and it’s ultimately down to a matter of negotiation between landlord and tenant when agreeing to terms for a tenancy.

How does a break clause work in a tenancy agreement?

Break clause in the tenancy agreement gives the landlord or tenant the right to end a fixed term tenancy before the expiry of the fixed term period.

Can I break a 12 month tenancy agreement?

You can’t end a tenancy agreement before the fixed term ends unless either of the following apply: you have a break clause in your tenancy agreement that lets you give notice to end the agreement early, or your landlord agrees to you leaving the tenancy (known as ‘surrendering’).

Can a landlord refuse a break clause?

If there’s no break clause in your agreement, you can’t leave your tenancy early unless your landlord agrees. If you need to leave your tenancy early, perhaps because of a change of circumstances, speak to your landlord and put your situation to them.

How does a 12 month break clause work?

A break clause is a clause in a tenancy agreement that provides both tenant and landlord the opportunity to terminate the tenancy agreement early during the fixed-term (e.g. the tenant can terminate a 12 month tenancy 6 months into the term).

Why would a landlord want a break clause?

A break clause is a provision in a lease which enables either the landlord or the tenant, or both, to end the lease early. In today’s challenging economic climate tenants are cutting back their businesses or looking to re-negotiate more favourable lease terms, and are choosing to exercise their break options.

What is a standard break clause?

A break clause is a provision that can be included in a lease agreement allowing either party to end the lease early if certain conditions are met. It can be granted for the benefit of either the landlord or the tenant, or for both. It allows the benefitting parties a way out if they need to end the tenancy early.

How does the 6 month break clause work?

It is standard practice to have at least a 6 month break clause term in place. The wording of this 6 month break clause means the landlord or tenant can give notice when they wish, but the earliest date the tenancy can end is after six months.

What is a 5 year break clause?

For example, a tenant agrees to enter into a 10-year lease of a shop, but negotiates an option to walk away at the end of the fifth year. This is the break clause and it gives the tenant some flexibility – and an escape route – if his business does not do well or, if he wants to move into better or bigger premises.

What is a 4 month break clause?

Assuming you are using the standard OpenRent contract that has a fixed term of 6 months and a break clause at 4 months, the break clause will work in the following way: Tenant or landlord will give notice to the other party on or before the 4 month point of the fixed term by giving 2 months’ notice.

What is a 2 year break clause?

A break clause is a clause in a contract that allows a person or party to end the contract early. Each contract may be slightly different, and depending on the length of the contract the break clause can be found anywhere in the tenancy ( though not usually in the first 6 months of a tenancy term) .

What if there is no break clause?

If there is no break clause in the agreement, then you can only end the tenancy if both parties agree to it. This is called surrendering the tenancy. The parties can only surrender the tenancy if the landlord agrees.

What does an 8 month break clause mean?

E.g. A 12 month tenancy with an 8 month break clause allows either party to terminate the tenancy with 2 months’ notice which can be served at any point after the expiry of the 6th month.