12 Month Agreements

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    12 Month Agreements

    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

    #2
    Originally posted by taheemr View Post
    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?)
    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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      #3
      Originally posted by taheemr View Post
      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.
      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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