Break Clause Question

Hello,


I have a question regarding a break clause. Our tenancy is up for renewal and we have negotiated a break clause with our landlord. We rent for another 24 months. The break clause was agreed upon by email with being able to invoke it after 12 months rental with a two months notice period. So, the rent starts on Jan. 1 '14 and we would be able to give notice by end of Dec. 14 and move out by end of Feb. 15.


Now in the new TA the following is written:

Break clause: Notwhithstanding anything to the contrary hereinbefore contained, either party shall be entitled to terminate this agreement earlier than as herein provided by serving not less than (2) months written notice or by paying (2) months rent in lieu to either party provided that this agreement shall not be terminated earlier than a date which shall be (14) months from the commencement of the term.


As to my understanding this means that the minimum rental period is 14 months adding a two months notice it would end up to 16 month rather than the previously agreed upon 12 months and two months notice, which could end up to 14 months. Though my original understanding also was after 10 months I terminate, thus giving two months notice and move out after another two months which would fulfil the 12 months. It is confusing.


My landlord said it is 14 months, because you calculate 12 months fixed plus 2 months notice equals to 14 months. But that seems not right as with the original wording I would see us pay another 2 months ending up with 16 months.


Any thought would be greatly appreciated!


Thanks,

Matt

agree with your landlord. standard clause