Aylward v Fawaz [1996]

The landlords, Mr & Mrs Aylward, entered into a one year assured shorthold tenancy agreement with the tenant. The agreement contained a break clause allowing either party to bring the tenancy to an end by giving one month notice. This break clause could not be operated during the first six months of the tenancy. On February 13th 1996 the landlords gave notice, in writing, requiring possession of the property after April 14th 1996. The notice contained the following operative words 'I give you notice that I require possession of the [flat]'. The tenant contested the validity of the notice as it did not clearly exercise the break clause contained in the agreement.

HELD: The appeal was dismissed as the Court of Appeal found that the notice was clear and unambiguous in indicating that the landlords wished to exercise the break clause and gain possession of the property.
This decision also clarifies that a break clause may operate in an assured shorthold tenancy.

Citation: Aylward v Fawaz (1997) 29 HLR 408