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View Full Version : 18 month AST Lease - can a landlord end it early?



offenderuk
02-04-2006, 17:56 PM
We have just signed an 18 month fixed term lease on an Assured Shorthold Tenancy agreement. We're wondering if a landlord could end this early (they have a letting agency that we deal with).

I vaguely recall when signing all the documents something about "two months" but they kept re-iterating that it is an investment property & that we would be fine for the 18 months. We made a point of it as we had to move from our old place because the landlord sold up, there we were on a one month-rolling agreement and the landlord didn't want to sign a longer term lease.

So basically, with an 18 month fixed term lease AST can we still get kicked out by the landlord if they want to sell the property / move in themselves etc?

zoe
02-04-2006, 18:59 PM
If you have an 18 months fixed term AST no they cannot end it early and nor can you. It is unusual to have an 18 months fixed term - why did you want this ? You will not be able to terminate either.

offenderuk
04-04-2006, 18:24 PM
Hi, thanks for your reply. What should we do if they were to try and end it early (By saying the landlord wants to sell / they've issued us with an S21?)

We want an 18 month lease as thats how long we're still in the UK for. Also the rent is fixed per month for that 18 months so it gives us a lot of stability. We do not want to have to move again.

P.Pilcher
04-04-2006, 20:49 PM
If they send you an S21 which ends before the end of your fixed term, you can ignore it (but maybe you would be polite to write to your landlord telling him that it is invalid). When the court papers turn up, just file a defence enclosing a copy of your AST and the judge will throw out the application. Oops sorry - please replace the last "will" with the word "should"!

P.P.

PaulF
04-04-2006, 23:15 PM
Two points. Zoe states you can't end the tenancy early - yes you can if there is a break clause in favour of the tenant, or your common law right would be to notify the landlord that you wish to leave early and he would have to make a concerted effort to replace you as tenants. (Granted this is not likely to happen as you state you want to stay for the full term).

P.Pilcher goes on about a S.21 Notice, but it's quite normal for a tenant to be served with a S.21 soon AFTER the tenancy has commenced, which states the landlord wants the property back after the fixed term ends; if it was served BEFORE then it IS invalid, but don't worry it's the landlords problem not yours.

You don't need to give ANY notice to leave at the end of the fixed term even if it states otherwise in the tenancy agreement that you must!

Energise
04-04-2006, 23:37 PM
Two points. Zoe states you can't end the tenancy early - yes you can if there is a break clause in favour of the tenant,

Well that's just pedantic the tenancy would not have been ended early because it would be ended within the terms of the tenancy agreement.

or your common law right would be to notify the landlord that you wish to leave early and he would have to make a concerted effort to replace you as tenants. (Granted this is not likely to happen as you state you want to stay for the full term).

This is not a common law right, this has become an anomaly within the law, you have the ear of Painsmith ask them.

P.Pilcher goes on about a S.21 Notice, but it's quite normal for a tenant to be served with a S.21 soon AFTER the tenancy has commenced, which states the landlord wants the property back after the fixed term ends; if it was served BEFORE then it IS invalid, but don't worry it's the landlords problem not yours.

P.Pilcher has not "gone on about" he answered the question "What should we do if they were to try and end it early (By saying the landlord wants to sell / they've issued us with an S21?)" What question were you answering?


You don't need to give ANY notice to leave at the end of the fixed term even if it states otherwise in the tenancy agreement that you must!

You recently seem to be answering questions that have not been asked.