If you’re a landlord or a tenant, you know that a break clause in a tenancy agreement is an important clause that can give either party the option to end the tenancy before the agreed end date. However, the wording of this clause can often be confusing, particularly when it comes to legal language and what is allowed by law.
To ensure that your break clause is clear and legally sound, here are some tips on how to word it correctly:
1. Specify the details of the break clause: Start by clearly stating the specific details of the break clause. This includes the date when the break clause can be enforced and the procedure that must be followed if either party chooses to use it.
2. Be specific about the notice period: The notice period is the period of time that must be given before the break clause takes effect. It’s important to be specific about the notice period in the tenancy agreement, as it can vary depending on the length of the tenancy. For example, if it’s a six-month tenancy agreement, the notice period could be two months before the end of the sixth month.
3. Clearly state the conditions of the break clause: The break clause may include certain conditions that must be fulfilled before it can be used. For example, the tenant may need to have paid all rent and bills up to the date of leaving the property. Be sure to clearly state these conditions in the tenancy agreement so that both parties understand what they need to do in order to use the break clause.
4. Use plain language: Avoid using legal jargon or complex language in the break clause. Instead, use plain and simple language that is easy to understand for both parties. This will reduce the likelihood of confusion or misunderstandings down the line.
5. Seek professional advice: If you’re unsure about how to word the break clause in the tenancy agreement, seek professional advice. Consulting a solicitor or a specialist in tenancy law can help ensure that your break clause is legally sound and enforceable.
In summary, it’s important to ensure that the wording of the break clause in a tenancy agreement is clear, concise, and legally sound. By following these tips, you can ensure that your break clause is effective and avoids any potential disputes or misunderstandings.