Break Clause Interpretation

AndyW79

saajan_12 said:

You're determined to worry aren't you! 
A Section 21 can be used at or after the end of a fixed term, not randomly during the fixed term. Your fixed term ends July 2021, so that's the earliest a valid S21 can expire. 

Hi Sajan,
An update could the LL use the coronavirus 2020 act for repossession of the property and override what it says in the break clause with a three month notice period?
Sorry can post links..but it says this:

The Coronavirus Act 2020 protects most tenants and secure licensees in the private and social rented sectors by putting measures in place that say where landlords do need to issue notices seeking possession, the notice period must be for three months. Landlords can choose to give a longer notice period. From 27th March, any claims in the system or about to go into the system will be affected by a 90 day suspension of possession hearings and orders (see Section 2).

greatcrested

The Act does not affect the contract or the break clause within it, at all. It simply extends existing timescales.

The validity of the break clause has been discussed and explained in detail already.

The Act simply means that IF/WHEN a LL serves a S21 Notice (which must be valid in the normal way) instead of a 2 month expiry date, it must be 3 months.

AndyW79

greatcrested said:

The Act does not affect the contract or the break clause within it, at all. It simply extends existing timescales.

The validity of the break clause has been discussed and explained in detail already.

The Act simply means that IF/WHEN a LL serves a S21 Notice (which must be valid in the normal way) instead of a 2 month expiry date, it must be 3 months.

Thanks, much appreciated.

AdrianC

The OP has started a new thread, having been given 3mo s21.
https://forums.moneysavingexpert.com/discussion/6163090/good-tenancy-solicitor-for-tenant