OK here is a situation a friend of mind finds himself in:
* Signed 18 month AST on May 14 with early break clause
* Agreement states the AST can be terminated at any time after October 31st with two months prior written notice. (Only 5.5 months from AST inception)
* LL wants to sell so T has been served S21 to expire after Oct 31, contravening s.20(1)(b)
Question is what is the disposition of the s21? Is the effect simply deferred to Nov 14, or is the S21 invalidated altogether?
TIA
* Signed 18 month AST on May 14 with early break clause
* Agreement states the AST can be terminated at any time after October 31st with two months prior written notice. (Only 5.5 months from AST inception)
* LL wants to sell so T has been served S21 to expire after Oct 31, contravening s.20(1)(b)
Question is what is the disposition of the s21? Is the effect simply deferred to Nov 14, or is the S21 invalidated altogether?
TIA
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