Section 21 & Break Clause advice please

London2012

Letting agent served Tenancy agreement that has start date as 20th March 2012 and end date as 20th March 2013. There is a break clause. I want to serve a section 21 to my tenants using the break clause.

Please can someone tell me if the expiry date I should put on the notice is 20th or 19th. They pay the rent monthly on the 20th.

Do I need to include a letter telling them that I am using the break clause.

Thanks
Accidental Landlord:eek:

jjlandlord

What is the wording of that break clause?

London2012

Thanks. it reads

'The landlord or tenant shall have the right to terminate this tenancy by giving two months notice in writing to expire at anytime on or after six months from the commencement Date such notice to be delivered by hand or by post by the landlord or landlords Agent as appropriate.'

jjlandlord

So provided that any deposit has been correctly protected, you may serve a section 21(1)(b) notice to your tenant at any time, notice to expire on any day of the month as long as it gives 2 months clear notice.

If might be convenient for the notice to expire on the 19th of the month, though. This way, if the tenant vacates by the expiry, there will be no argument about apportionment of rent.

It might be clearer to, but there should be no legal need to add anything. (case law, which I forgot the reference of, decided that a s.21 notice is a valid way to action a break clause if it fulfils the break clause's conditions).

theartfullodger

Using a S21 as the vehicle for the break clause is OK (there is case law..).

However, exercising the break clause, unless the tenant leaves on the expiry date, does not end the tenancy. It simply ends the fixed term. So it then carries on as a periodic tenancy & you will need to issue another S21 then, another 2 months, then apply to the court for possession order.

Was there a deposit, was it protected, was the "prescribed info" served on tenant and could you prove all that to the judge?? (If not S21 invalid if there was a deposit..).

There's always bribery to persuade tenant to go....

Accidental landlord eh.... sorry, same laws & rules apply.

Cheers!

G_M

jjlandlord wrote: »

So provided that any deposit has been correctly protected, you may serve a section 21(1)(b) notice to your tenant at any time, notice to expire on any day of the month as long as it gives 2 months clear notice.

ANd so long as it expires on or after the 20th Sept.

jjlandlord

G_M wrote: »

ANd so long as it expires on or after the 20th Sept.

Today's the 6th September so there should be no need to trouble OP with this
(Plus not sure it's a must)

G_M

jjlandlord wrote: »

Today's the 6th September so there should be no need to trouble OP with this
(Plus not sure it's a must)

Oh yes! :beer:

(tho surely it is a must: "to expire at anytime on or after six months from the commencement Date "

But you're right - immaterial now.

London2012

theartfullodger wrote: »

Using a S21 as the vehicle for the break clause is OK (there is case law..).

However, exercising the break clause, unless the tenant leaves on the expiry date, does not end the tenancy. It simply ends the fixed term. So it then carries on as a periodic tenancy & you will need to issue another S21 then, another 2 months, then apply to the court for possession order.

Was there a deposit, was it protected, was the "prescribed info" served on tenant and could you prove all that to the judge?? (If not S21 invalid if there was a deposit..).

There's always bribery to persuade tenant to go....

Accidental landlord eh.... sorry, same laws & rules apply.

Cheers!

Thanks to everybody that responded.

So I cannot issue proceedings at the expiry of the notice? I want possession of the property and would never let again - too much hassle. Why do I have to issue another notice?

No, the stupid agent did not protect the deposit nor advice me of the need to do so, therefore I have had to refund the deposit.

I have offered the tenants £1000 to move out and they have ignored this. So my only option is the Courts.

Which one is correct - Notice expires on the 19th or after the 19th.
Thanks

jjlandlord

London2012 wrote: »

So I cannot issue proceedings at the expiry of the notice? I want possession of the property and would never let again - too much hassle. Why do I have to issue another notice?

No, the stupid agent did not protect the deposit nor advice me of the need to do so, therefore I have had to refund the deposit.

The notice must be served after deposit is refunded.

London2012 wrote: »

Which one is correct - Notice expires on the 19th or after the 19th.

Though not required for a s.21(1)(b) notice, you can word it as "possession required after the 19th" to avoid any potential issue in court.

London2012

Thank you very much. I refunded the deposit 2 months ago as soon as I realise that any Section 21 would be invalid without doing this.