Replacement Tenancy: When can a section 21 notice be served?

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  • Replacement Tenancy: When can a section 21 notice be served?

    Hi there,

    Looking at a new AST contract for my partner.

    The AST has no break clause.
    The AST is for 12 months.

    The AST has the following in it

    "Replacement Tenancy" when a tenancy is renewed or extended it is referred to in the Housing Act 1988 as a Replacement Tenancy and is seen as a continuation of the initial tenancy which means that a court when considering awarding the Landlord possession under s21 Housing Act 1988 will count the term of the tenancy from the initial date of occupation under the first tenancy.

    As I read that statement, if she does renew the AST after 12 months for a further 12 months, the Landlord could serve a s21 notice at any time during the renewed further 12 months.

    Have I got that correct?

    Regards,

    G

  • #2
    An s21 remains valid until a new tenancy agreement is made. If a fixed term tenancy evolves into a statutory peiodic tenancy the the s21 issued during the fixed term remains valid throughout the s21. Once a new fixed term is agreed, that s21 ceases to be effective.

    So yes, the landlord could serve an s21 during a new fixed term, but it could not seek possession until after the end of the fixed term. If the contract says 12 months, it means 12 months.

    Obviously, that is subject to not being evicted under section 8 - but that is usually where the agreement has not been kept to.

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