Break Clause on an AST

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  • Break Clause on an AST

    Hello, can someone advise please.

    If an AST is drawn up to inlcude a break clause, does the break clause overule the 6 month rule.

    In other words, can you sign a tenant up for 6 months (fixed term), then legally get them out in three if the Landlord wants to sell or occupy the house himself, or do they still have the right to occupy until the end of the fixed term.

    If they still have the right to occupy for the fixed term, of what benefit is a break clause.

    With regard to the 'unfair contract' act, am I right in thinking that any break clause would have to be made available to the tenant as well.

    Many Thanks

  • #2
    Put 'break clause' into the search facility. Very illuminating.

    Comment


    • #3
      A break clause can only be legal if:-
      1. it is excercised by the tenant during any fixed term, but cannot by the landlord (unfair term).
      2. the clause does not compromise the tenant's statutory rights to give one month's notice after the AST has become periodic.
      3. the AST is very clear in all aspects of it.
      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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