Shorthold Assured Break Clauses

[candtd]

More Gen

Hi Everyone,

Thanks again for your advice/info. I note the comments about the agreement between the tenant and I and as such offer the following: Contained within the agreement (that was drawn by my agent - Sequence UK) are several 'special tenancy conditions'. The one in question reads as follows:

'Notwishstanding the provisions contained within point 4 of the Tenancy Pariculars above relating to the term of the temancy herby created it is agree that the Landlord shall have the right to terminate this agreemnt by giving two months written notice to the Tenant to be effective from any tenancy period date and at the expiry of which the tenancy will be determined absolutley Any such determination puruant to the provisions of this clause shall be without predudice to the claim of either party against the other in respect of any antecedent breach or non-observance of the provisions of this agreement'

Couple of points - point 4 is just saying that it is a 12 month AST running from 29 Ap 07 to 29 Apr 08. The tenant has exactly the same within the special conditions (infact it was him that asked for it to be included ironicaly)

My agent served notice on 23 Jul for an exit date of 28 Sep. He had this AST as a follow on from x2 other 6 month ASTs. His initial occupation of the property was 28 Sep 05 and he has lived there since. I intend to move into the property with my family once he vacates.

Hope that helps shed more light, as ever, comments appreciated....thanks.....

[Colincbayley]

Hi Everyone,

Thanks again for your advice/info. I note the comments about the agreement between the tenant and I and as such offer the following: Contained within the agreement (that was drawn by my agent - Sequence UK) are several 'special tenancy conditions'. The one in question reads as follows:

'Notwishstanding the provisions contained within point 4 of the Tenancy Pariculars above relating to the term of the temancy herby created it is agree that the Landlord shall have the right to terminate this agreemnt by giving two months written notice to the Tenant to be effective from any tenancy period date and at the expiry of which the tenancy will be determined absolutley Any such determination puruant to the provisions of this clause shall be without predudice to the claim of either party against the other in respect of any antecedent breach or non-observance of the provisions of this agreement'

Couple of points - point 4 is just saying that it is a 12 month AST running from 29 Ap 07 to 29 Apr 08. The tenant has exactly the same within the special conditions (infact it was him that asked for it to be included ironicaly)

My agent served notice on 23 Jul for an exit date of 28 Sep. He had this AST as a follow on from x2 other 6 month ASTs. His initial occupation of the property was 28 Sep 05 and he has lived there since. I intend to move into the property with my family once he vacates.

Hope that helps shed more light, as ever, comments appreciated....thanks.....

So what you are now saying is that there is a clause in the AST allowing either the LL or tenant to give two months notice at any time?

[candtd]

Yes,

Sorry if i didn't make things so clear 1st time around..........

[Colincbayley]

Yes,

Sorry if i didn't make things so clear 1st time around..........

It's not a problem, but it does change things.

What you are now saying is that you have a clause in your tenancy agreement that allows you to do as you first wanted.

As far as I can now see, your S.21 notice is indeed valid.