Is Section 21 (1) b valid before the end of a fixed term AST??

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  • Is Section 21 (1) b valid before the end of a fixed term AST??

    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??

  • #2
    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.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

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    • #3
      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.

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      • #4
        Originally posted by NNN999 View Post
        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.
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment

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