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View Full Version : If let on a 12 month AST can I get Tenant Out?



dazzamancs
19-08-2006, 14:12 PM
If I let my house on a 12 month AST, with a break clause, and my tenant falls behing with rent payments can I use section 21 or 8 or does my tenant have the right to stay in the property not paying rent until the fixed 12 month AST expires ????

P.Pilcher
19-08-2006, 15:03 PM
If at any time your tenant falls more than two months behind with the rent, you can use section 8 (plus 10 and 11 maybe) to get him out. Court action can be applied for 2 weeks after the appropriate notice is served on the tenant, then court hearing is needed (more time) then hopefully a possession order (more time given to pay) then finally bailiffs can be instructed to evict. (Yet more time.) A judgement with regard to outstanding rent is also forthcoming.
If you have a break clause, then you can use this to evict without a reason, provided the tenant is given more than 2 months notice that you intend to enforce the terms of the clause, and the tenancy agreement has been in force for no less than six months.

Thus you could ask what is the point of such a clause which givesa judge another excuse to protect a tenant. Most people just stick to 6 month AST's and renew them if the tenant so requests.

P.P.

Paul_f
19-08-2006, 21:07 PM
I've said this many times before (and I'm sure P Pilcher knows this) that just shoving a break clause in your AST to try and end it before the fixed term will probably fail miserably. Unless you and your tenant sat down beforehand, exchanged letters, and you both agreed to have a break clause in the tenancy agreement and put it in a section under "Special Tenancy Conditions" that would take it out of Housing Act legislation then it will be next to useless. Please don't ask why - just put the phrase in parentheses in the search facility and you will get a lot more of my posts on this.

MrShed
19-08-2006, 23:03 PM
Hopefully you will spot this paul, it is a question I have asked before: if you have a break clause, does it have to be actioned as a Section 8 rather than S21 because it is a contractual issue rather than a housing act one?