break clause

Hello,


I'm looking for help in understanding the break clause in our tenancy agreement.


Here is what our break clause states:


Notwithstanding anything to the contrary hereinbefore contained, the Landlord/Tenant/either party shall be entitled to terminate this Agreement earlier than as herein provided by serving not less than 12 months' written notice or by paying 2 months' Rent in lieu to the Landlord/Tenant/other party provided that the said written notice shall not be served before the expiration of the [2] month of the Term of Tenancy.


The term of our lease was May 1 2005 - April 30 2007 (both days inclusive). We gave written notice on January 30 2007 to move out the end of March.


The landlord says we need to pay through April. Are we legally obligated to pay through April even though we gave a 2 month notice?


Thanks!

12 months' written notice? I guess you mean 2 month notice. The clause is quite clear. The lease can be terminated by giving 2 month notice. So, the lease ends on the 30 March. Forget about the "provided.....Tenancy" part as it does not apply to you.

if your agreement says exactly what you have typed in your post, then you have to pay up to April. Sorry. It's plain english. "paying 2 months' Rent in lieu to the Landlord" that means you have to pay 2 months' rent FROM the date you move out, UNLESS you give 12 mths notice. In this case you will only pay one month "in lieu" because your lease expires after one month.