Section 21 question

[JSQ]

Hi,

I have a problem tenant and I wish to evict and I would just like to check that I am going about this in the correct way.

The AST began on 22nd August 2006 and expires on the 21st August 2007. I have a 6 month 'break clause' which is worded as follows:

"The Landlord or the Tenant may terminate this agreement at any time by giving either party or his or her agents two months notice in writing, which notice shall not be given any earlier than four months after the commencement of this agreement or any renewal thereof"

Does this mean that I can evict them with an S21 on February 21st? Would I serve the notice on December 22nd (or would it have to be 21st at the latest)? And then if they fail to vacate on February 21st, I would have to take action in court to enforce the S21?

According to the wording of the 'break clause', if I serve the notice now (i.e. before four months of the tenancy are complete), would there be any problem or should I just go ahead and serve it?

Any advice much appreciated.

[jeffrey]

Well, you can't serve Notice within first four months of term, ie not before 22 December. If served that day, it would take effect two months later (ie 22 February). Tenants would have to leave on (or before) 22 February, after which you could evict them by Court Order.

NOTE: nothing to do with s.21, which - whenever served - can't take effect until term ends.

[JSQ]

Aaah I see. Sorry, I've never had a problem with a tenant before so I've not had to go down this route. I've read up as much as possible though.

So, do I just have to write them a simple letter on December 22nd, saying that I am terminating our agreement on Feb 22nd and that they must move out on this date? Do you think that this break clause is 100% water tight legally speaking?

Thanks.

[jeffrey]

Aaah I see. Sorry, I've never had a problem with a tenant before so I've not had to go down this route. I've read up as much as possible though.

So, do I just have to write them a simple letter on December 22nd, saying that I am terminating our agreement on Feb 22nd and that they must move out on this date? Do you think that this break clause is 100% water tight legally speaking?

Thanks.

Yes- simple letter will do. Best to refer to break clause (eg attach a copy of its wording, or incorporate it verbatim into letter) and state that you are exercising termination right under that clause.
They signed Agreement containing it, so they could hardly claim it to be invalid!

[JSQ]

Ok thanks for the advice. I was just a little worried about being caught out on some kind of technicality. I think I have what is known as a "professional tenant" in the property and don't want them to be there a day longer than necessary!