Break Clause

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

    Break Clause

    Hi

    I'm evicting s tenant via section 8 at the moment. My court hearing is today.

    I've just realised I had a 6 month break clause in the tenancy agreement.

    Ast start date: 07.08.2018

    All relevant documents were supplied to the tenant at the start of the ast.

    No deposit was taken.

    Here is the wording of the break clause:

    "If the landlord shall desire to terminate the tenancy hereby created at or at any time after the end of the first six months.thereof he shall give the tenant not less than 2 months previous notice in writing of such desire then immediately upon the expiration of such notice the tenancy hereby created shall cease and be void"

    Can I issue a section 21 now or did I have to do this 4 months into the ast?

    Thanks

    #2
    If your section 8 hearing is today I'd see what happens at that hearing first.

    That break clause is pretty much legal sounding bollocks, so I wouldn't like to rely on it.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

    Comment


      #3
      If that is the entirety of the break clause, it might well be ruled unfair, because there is no corresponding equal, or better, right for the tenant.

      What was the original fixed term? General advice here is never more than six months.

      Comment


        #4
        Originally posted by leaseholder64 View Post
        If that is the entirety of the break clause, it might well be ruled unfair, because there is no corresponding equal, or better, right for the tenant.
        The most equitable solution might be to give the tenant an equivalent term.
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

        Comment


          #5
          If there is an equal break clause for tenant yes you could use an s21 to invoke it (see... Aylward v Fawaz (1996) )

          See what happens with s8 hearing today, if thrown out you might be best to go with s21 TO INVOKE BREAK CLAUSE.

          See also
          http://england.shelter.org.uk/legal/.../break_clauses
          I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

          Comment


            #6
            Update:

            Section 8 hearing has been adjourned for 2 weeks.

            Here is the full break clause:

            " in the event that the tenant shall desire to terminate the tenancy hereby created at or at any time after the end of the first six months thereof he shall give the landlord not less than one months previous notice in writing of such desire and shall up to the time of such determination pay the rent and observe and perform the agreements and obligations on the tenants part"


            "If the landlord shall desire to terminate the tenancy hereby created at or at any time after the end of the first six months.thereof he shall give the tenant not less than 2 months previous notice in writing of such desire then immediately upon the expiration of such notice the tenancy hereby created shall cease and be void"

            Can I issue a section 21 now?

            I want to do it anyway as the tenant is trying all sorts of tricks, listing masses of disrepair but not allowing any workmen in (I'm documenting everything).

            Thanks

            Comment


              #7
              Originally posted by theartfullodger View Post
              If there is an equal break clause for tenant yes you could use an s21 to invoke it (see... Aylward v Fawaz (1996) )

              See what happens with s8 hearing today, if thrown out you might be best to go with s21 TO INVOKE BREAK CLAUSE.

              See also
              http://england.shelter.org.uk/legal/.../break_clauses
              Reading the break clause in my ast, do you think I'm good to issue a section 21?

              Comment


                #8
                You are good to serve an s21 TO EXERCISE BREAK CLAUSE.
                I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                Comment


                  #9
                  Originally posted by theartfullodger View Post
                  You are good to serve an s21 TO EXERCISE BREAK CLAUSE.
                  Thank you theartfullodger

                  Comment


                    #10
                    Originally posted by theartfullodger View Post
                    You are good to serve an s21 TO EXERCISE BREAK CLAUSE.
                    My need to serve notice to exercise the break clause then serve S21 notice.

                    Comment


                      #11
                      Originally posted by MdeB View Post
                      My need to serve notice to exercise the break clause then serve S21 notice.
                      Fawaz v Aylward & Anor. [1997] 29 HLR 408, CA
                      I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                      Comment


                        #12
                        Originally posted by KTC View Post

                        Fawaz v Aylward & Anor. [1997] 29 HLR 408, CA
                        Can you point me at the judgement?
                        I want to see what the facts of that case were.

                        Comment


                          #13
                          It's not freely online that I can find I'm afraid.

                          To summarise, the tenancy agreement contained a break clause allowing one month notice.

                          The landlord or the tenant may determine the tenancy hereby created at or at any time after the end of the first six months of the tenancy provided ONE month's prior notice in writing of such desire is given to the other party.
                          More than six months after the tenancy started, the landlord gave a traditional s21(1)(b) notice.

                          I give you notice that I require possession of the dwelling house known as .... Expiry after ....
                          The County Court, and then on appeal the Count of Appeal both held that the notice was sufficient to determine the fixed term tenancy in accordance with the break clause.
                          I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                          Comment


                            #14
                            KTC #13: break clauses look sufficiently similar to me to make that judgement applicable.
                            Thanks.

                            Comment

                            Latest Activity

                            Collapse

                            Working...
                            X