Break Clause

Wicks

My niece has the following break clause: does this mean it has to be at 6 months only or can she give notice at 5 months to leave at 7 months. It does seem unfair the LL can give any time after 6 months but the tenant can only give at 6 months if we are reading this correctly.

Also the landlord issues section 21 with the AST in October 2019. I thought this was no longer allowed. Can someone please confirm.

" The landlord may bring the tenancy to an end at any time before the expiry date of the fixed term ( but not within 6 months of the commencement date) by giving the Tenant at least 2 months written notice stating that the landlord requires possession of the property. A notice under section 21 of the Housing Act will suffice to implement this sub clause.

The tenant may bring the tenancy to an end at 6 months by giving the Landlord at least 2 months written notice stating tat the tenant is intending to terminate the contract. The notice can only be given on or before the due date of the rental payment. And for this case would be all 3 tenants vacating the flat."

theartfullodger

As posted in reply at another place....

[quote]..Re. break clause I agree such one-sided unfair clauses should be considered unenforceable by landlord. But tenant should still be able to give notice. But only a judge can rule on what it actually means - either case for unpaid rent (if tenant gave notice & landlord argued it was invalid..) or landlord gave notice, changed locks and tenant sues for illegal eviction/harassment.

See..
https://england.shelter.org.uk/legal/securityoftenure/notices/break_clauses

A mess: Maybe if tenant wishes to use it try negotiating.

Re s21 issued at start of tenancy: It is "allowed" but would be invalid. I could issue an s21 before tenancy was started - but any judge with 1/2 a brain would chuck it out.

These matters indicate a landlord who doesn't know what he's doing. Wonder what else he's got wrong (insurance, correct mortgage, declaring rent to tax man, GSC etc etc...)....[/quote]