Timing of break clause

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    Timing of break clause

    Can a break clause be anywhere in a 12 month AST as long as it's at or after the 6 months?
    Thanks

    #2
    A break clause can allow the tenancy to be determined at any time, including during the first 6 months.

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      #3
      Originally posted by jjlandlord View Post
      A break clause can allow the tenancy to be determined at any time, including during the first 6 months.
      But of course section 21(5) will apply of the tenancy is an AST

      Comment


        #4
        Originally posted by Lawcruncher View Post
        But of course section 21(5) will apply of the tenancy is an AST
        Is this it?

        The provisions of the Fifth Schedule to this Act shall have effect for the application of this Part of this Act to cases where the immediate landlord of the tenant is not the owner of the fee simple in respect of the premises in question.


        What does it mean please?

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          #5
          Originally posted by Bird View Post
          Is this it?

          The provisions of the Fifth Schedule to this Act shall have effect for the application of this Part of this Act to cases where the immediate landlord of the tenant is not the owner of the fee simple in respect of the premises in question.
          No. That is from the Landlord and Tenant Act 1954. I refer to the Housing Act 1988:

          Where an order for possession under subsection (1) or (4) above is made in relation to a dwelling-house let on a tenancy to which section 19A above applies, the order may not be made so as to take effect earlier than—

          (a) in the case of a tenancy which is not a replacement tenancy, six months after the beginning of the tenancy, and

          (b) in the case of a replacement tenancy, six months after the beginning of the original tenancy.

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            #6
            Originally posted by Bird View Post
            Can a break clause be anywhere in a 12 month AST as long as it's at or after the 6 months?
            Thanks
            There is no minimum term for an AST. So a break clause may be drafted so that a notice may take effect at any time during the fixed term tenancy.

            However, as Lawcruncher points out, s.21(5) Housing Act 1988 says that a LL cannot obtain a possession order under s.21 to take effect earlier than six months after the start of the tenancy.

            Note, also, that when the LL serves notice under the break clause then it has the effect of ending the fixed term tenancy at notice expiry. But if the T is in occupation at this point, then a statutory periodic tenancy will arise under s.5 Housing Act 1988, replacing the fixed term tenancy ended by the LL's notice.

            When the T serves notice under the break clause, it also has the effect of ending the fixed term tenancy at notice expiry, but no statutory periodic tenancy will arise if the T remains in occupation.

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