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Normally B
I'm also not a lawyer
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B, certainly*
*Also not a lawyer. But it's B.
You could serve notice earlier than 4 months, but you'd just be giving more than 2 months notice in that case - i.e. you still only leave after 6 months.
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That's a really badly drafted break clause. Anything which uses 'and/or' is drafted by a cretin. And the phrase 'in accordance with the Tenancy period' is basically meaningless. However, despite the terrible drafting, I'd say that it's B. The notice can be served to terminate the tenancy on two months' notice, but it must be served on a date when the rent is due to take effect two months later on a rent due date. So the minimum term of the tenancy is six months, but it can be terminated on any rent due date on or after the six months anniversary of the start of the term by service of a notice at least two months before. If you're thinking of exercising the break clause, I'd suggest serving the notice before the rent due date two months ahead of the date you propose to terminate the lease, but making it clear either in the notice or in a covering letter that the notice is intended to be served as from the next rent due date.
I'm assuming that the date of the agreement is on or before the Commencement Date, and that the rent is due on the same day of the month as the Commencement Date.
I would say IANAL, but that wouldn't be true.
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Luffguss legal advisory team:
This clause:
17.4. The Tenant may bring the tenancy to an end at any time before the expiry of the Term ( but not earlier than six months from the Commencement Date or the Date of this Agreement whichever shall be the later) by giving to the Landlord not less than two month’s written notice stating that the Tenant wishes to vacate the premises. The notice must be served on a rent due date and/or in accordance with the Tenancy period.
Does this mean:
A) Tenant serves notice at 6 months at the earliest, with 2 months minimum stay after that, making his minimum stay in the property 8 months.
B) Tenant serves notice at 4 months at the earliest, with 2 months minimum stay after that, making his minimum stay in the property 6 months.
C) Fuck knows.