Fixed Period in AST and Section 21

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    Fixed Period in AST and Section 21

    I have issued an AST to a tenant for 1 year but with break option exerciseable by 2 months notice by either party after 6 months leading to 8 month minimum.

    In this case is the first 8 months regarded as Fixed Period with the last 4 months regarded, legally, as agreed Statutory Periodic?

    If I issue a Section 21 notice within the last 4 months is this still regarded as within the Fixed period so (b) or is it Stat Periodic so (a)??

    #2
    What is the Break Clause's EXACT wording, please?
    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.
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      #3
      Originally posted by jeffb View Post

      In this case is the first 8 months regarded as Fixed Period with the last 4 months regarded, legally, as agreed Statutory Periodic?
      The fixed term continues to 1 year unless it is terminated by either party operating the break clause in the manner laid down by the contract (often, break clauses are a dog's dinner, and cannot be exercised). If the break clause is exercised, that ends the fixed term, but as LL you still have to comply with s.21, which means giving the T at least two months' notice.

      If you issue a s.21 simultaneously with giving notice under the break clause (the s.21 may/may not fulfill both functions, depending on the wording of the break clause), then it is served during the fixed term, so it's a s.21(1)(b).

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