Existing tenant, new AST - break clause - deposit

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    Existing tenant, new AST - break clause - deposit

    Hi,
    After a 1-year furnished fixed term AST agreement with no break clause, just 2 month's notice on either side, if the landlord wishes to start a new AST agreement after that one year, can he include a 3-month break clause with 1-month's notice? If so, when the new 1-year furnished fixed-term AST agreement starts, when can he or the tenant give notice? At the end of the first 2 months (2+1) or 3 months (3+1)? Moreover, if the tenants are the same: Does the landlord need to re-register the deposit? Can he just go over the initial inventory check-in again & update? Thanks.

    #2
    Originally posted by mazda2012 View Post
    if the landlord wishes to start a new AST agreement after that one year, can he include a 3-month break clause with 1-month's notice?
    Yes, if that's what LL and T agree upon.

    If so, when the new 1-year furnished fixed-term AST agreement starts, when can he or the tenant give notice?
    Whenever the break clause says they can (and that's whatever the LL and T agree upon).

    Moreover, if the tenants are the same: Does the landlord need to re-register the deposit?
    Depends which scheme. The LL must check the rules of the scheme he uses.

    Can he just go over the initial inventory check-in again & update?
    There is no need to update the inventory if granting a replacement tenancy (same tenant, same property).

    Comment


      #3
      So if landlord/tenant go for new 1-year AST with a 3 month break clause, can notice be served 1 month before the first 3 months are up? Somebody said that the break clause has to be 6 months for a section 21 notice to be served. Is that true? If not, then if they let the AST roll onto a periodic tenancy, can a section 21 notice be served? Or will it be harder to get the tenants to leave?

      Comment


        #4
        Post EXACT wording & we'll have a bash at answering you question. Well, it would depend, obviously, but you knew that aye...

        You already appreciate that an s21 is not a notice 2 quit & does not oblige tenant to leave....

        Cheers!
        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

        Comment


          #5
          Originally posted by mazda2012 View Post
          So if landlord/tenant go for new 1-year AST with a 3 month break clause, can notice be served 1 month before the first 3 months are up? Somebody said that the break clause has to be 6 months for a section 21 notice to be served. Is that true? If not, then if they let the AST roll onto a periodic tenancy, can a section 21 notice be served? Or will it be harder to get the tenants to leave?
          You're not getting it.

          If you/T agree to go for a renewal 1-year AST with a 3 month break clause, then the notice may be served when the contract says it may be served. The contractual clause is something you and the T agree, it's nothing to do with statute; the break clause is whatever you (and T) agree.

          If you are not using an off-the-shelf agreement, then pay a solicitor to draft the clause for you, don't try to DIY it.

          Comment

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