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taheemr
05-02-2009, 14:53 PM
Dear all,

I have a prospective tenant wanting a 12 month contract, I`d just like to know if things go south and I require possession under a s21, can I enforce this only after the 12 months is up, or can it be served after 6 months of a 12 month contract.

Many Thanks

mind the gap
05-02-2009, 15:07 PM
Dear all,

I have a perspective tenant wanting a 12 month contract, I`d just like to know if things go south and I require possession under a s21, can I enforce this only after the 12 months is up, or can it be served after 6 months of a 12 month contract.

Many Thanks

In principle, if you grant a 12 month AST, you are both bound by the contract for the whole 12 months (unless T does not pay rent or otherwise breaches the contract, in which case you may be able to get him out earlier).

If you want the flexibility of being able to ask him to leave after only 6 months, then why not include a break clause operable after 6 months which would allow either of you to call it a day (with appropriate notice given, of course)?

You cannot have a contract where you can give notice at 6 months but the T cannot (if that is what you were hoping for?)

jeffrey
05-02-2009, 15:10 PM
I have a prospective tenant wanting a 12 month contract, I`d just like to know if things go south and I require possession under a s21, can I enforce this only after the 12 months is up, or can it be served after 6 months of a 12 month contract.
Section 21 rights cannot be used (i.e. L cannot enforce a Possession Order, obtained under s.21) until the fixed term ends.

However, the Agreement could include a break clause. L cannot operate this during a new T's first six months of ASTship.