Break Clause in Rental Agreement

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Motasim Fuad
Motasim Fuad
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March 24, 2022



As a tenant, it’s important to understand the terms of your rental agreement. One clause that is often included in rental agreements is a “break clause.” This clause allows either the tenant or the landlord to end the rental agreement before the end of the fixed term.

A break clause typically states that either party can give notice to terminate the tenancy agreement after a certain period of time. For example, a break clause may state that either the tenant or landlord can give notice to terminate the agreement after six months.

This can be beneficial for both parties. For tenants, a break clause gives them the flexibility to move out earlier if their circumstances change, or if they’re not happy with the property or landlord. For landlords, a break clause gives them the flexibility to end the tenancy if they need to sell the property or if the tenant is not meeting their obligations.

It’s important to note that a break clause is not automatic. The tenant or landlord must give notice in writing in accordance with the terms of the rental agreement. This typically includes providing a certain amount of notice, such as one or two months, and ensuring that the notice is delivered in the correct way, such as by email or post.

If the tenant or landlord does not follow the correct procedure, the break clause may not be valid. This can result in the tenancy agreement continuing until the end of the fixed term.

It’s also important to check whether there are any conditions attached to the break clause. For example, the landlord may require the property to be returned in a certain condition, or the tenant may be required to pay a fee to end the agreement early. It’s important to read the rental agreement carefully and seek legal advice if you’re unsure about any aspect of the break clause.

Overall, a break clause can be a useful addition to a rental agreement, providing flexibility for both tenants and landlords. However, it’s important to ensure that the correct procedure is followed and any conditions attached to the break clause are understood before taking any action.

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