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NNN999
27-03-2008, 10:46 AM
Hi. I have a tenant on a 1 year fixed term AST, one of the clauses in the agreement states:
the landlord may bring the tenancy to an end at any time before the expiry of the term (but not earlier than 6 months before the commencement date or the date of this tenancy agreement whichever shall be the latter) by giving the tenant not less than 2 months written notice stating the landlord requires possesion.
The tenant is now 2 months behind on his rent and i want to serve the 2 months notice which will take effect at month 11, i have been advised the quickest way to end the agreement is to serve section 21 (1) b.
will this be valid if i need to get a court order as its within the fixed term even though there is a break clause??

jeffrey
27-03-2008, 11:38 AM
Irrespective of any breach, you as L can serve s.21 Notice at any time once AST has started (provided that you have dealt with any necessary HMO registration and deposit protection requirements). Notice is under:
a. section 21(1)(b) if served DURING fixed term; or
b. section 21(4)(a) if served AFTER fixed term.
The Notice cannot take effect until after:
a. end of fixed term or (if later) two months from service date; or
b. the first tenancy period to end following two months from service date.

NNN999
27-03-2008, 12:14 PM
Does that mean that the only way to get a court order with section 21 will be to wait until the end of the term or does it count as a periodic tenancy due to the break clause? thanks.

jeffrey
27-03-2008, 13:22 PM
Does that mean that the only way to get a court order with section 21 will be to wait until the end of the term or does it count as a periodic tenancy due to the break clause? thanks.
The former; whilst the fixed term is running, the letting is by definition not periodic. See sections 6 and 7 of 1988 Act.