If let on a 12 month AST can I get Tenant Out?

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  • If let on a 12 month AST can I get Tenant Out?

    If I let my house on a 12 month AST, with a break clause, and my tenant falls behing with rent payments can I use section 21 or 8 or does my tenant have the right to stay in the property not paying rent until the fixed 12 month AST expires ????

  • #2
    If at any time your tenant falls more than two months behind with the rent, you can use section 8 (plus 10 and 11 maybe) to get him out. Court action can be applied for 2 weeks after the appropriate notice is served on the tenant, then court hearing is needed (more time) then hopefully a possession order (more time given to pay) then finally bailiffs can be instructed to evict. (Yet more time.) A judgement with regard to outstanding rent is also forthcoming.
    If you have a break clause, then you can use this to evict without a reason, provided the tenant is given more than 2 months notice that you intend to enforce the terms of the clause, and the tenancy agreement has been in force for no less than six months.

    Thus you could ask what is the point of such a clause which givesa judge another excuse to protect a tenant. Most people just stick to 6 month AST's and renew them if the tenant so requests.

    P.P.
    Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

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    • #3
      I've said this many times before (and I'm sure P Pilcher knows this) that just shoving a break clause in your AST to try and end it before the fixed term will probably fail miserably. Unless you and your tenant sat down beforehand, exchanged letters, and you both agreed to have a break clause in the tenancy agreement and put it in a section under "Special Tenancy Conditions" that would take it out of Housing Act legislation then it will be next to useless. Please don't ask why - just put the phrase in parentheses in the search facility and you will get a lot more of my posts on this.
      The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

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      • #4
        Hopefully you will spot this paul, it is a question I have asked before: if you have a break clause, does it have to be actioned as a Section 8 rather than S21 because it is a contractual issue rather than a housing act one?
        Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

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