AST and Break Clauses- requirement of equality?

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

    AST and Break Clauses- requirement of equality?

    As I understand it, the HA 1988 incorporated the legal right to landlords to have a 6 month break clause in an AST. The intention of the act was also to give landlords and tenants equal rights without one having undue powers over the other. Does it therefore not stand to reason, that if a landlord can break a 12 month tenancy after 6 months, the tenant should also have equal rights to do so.

    #2
    1. No, so far as concerns the Act. It does not touch at all on break clauses' validity.
    2. You might mean that:
    a. a landlord using s.21 cannot use the section to obtain a Possession Order operative until six months from when this L first let these premises to this T; or
    b. under s.20, inapplicable to ASTs newly-granted to new T on/after 28 Feb. 2007, a landlord could not create an AST for shorter than six months or with a break clause during those six months.
    3. There is no law about parties having equal rights, except possible applicability of the Unfair Terms in Consumer Contracts Regulations 1999.
    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


      #3
      I was thinking more of the tenants rights to get out after 6 months if there is no break clause

      Comment


        #4
        Originally posted by twids View Post
        I was thinking more of the tenants rights to get out after 6 months if there is no break clause
        They have no such right on a fixed term exceeding six months, unless the AST gives them such right.
        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

        Latest Activity

        Collapse

        Working...
        X