Landlord exercising break clause in tenancy

Mr_Senor

My best friend rented a flat for 2 years. with one year break clause. She is widow with 2 childrens. She started the tenancy on January 28th 2022. She just received a letter from the stated agent indicating that the landlord is exercising the break clause and she must leave by January 28th 2023. She wants to stay at least until February 28, 2023. is she  legally obligated to leave the property in January? Or maybe she may be able to stay an extra month?

Olinda99

Although she cannot be forced to leave without a court order, maybe the best route initially is for her to ask if it is possible for her to stay the extra month.

theartfullodger

Break clauses are noted for being easy to get wrong thus any attempt by landlord to exercise will just result in invalid notice.  

Suggest she does nothing until and unless Landlord actually serves a notice.

If there's time post the EXACT wording of break clauses (all, often they are two) so we may comment on them 

newsgroupmonkey_

Has she been served an S21? Does she need a reference?

LegallyLandlord

Ask your friend how the landlord served the notice. It needs to be under Section 21, using Form 3, which you can find if you google Form 3 gov dot uk section 21 (I can't put a link as I'm a newbie).

Assuming this has been done, she should check whether the landlord complied with their obligations before she moved in. This means registering her deposit and sending her the prescribed information within 30 days of her handing it over, giving her a valid gas safety certificate, electrical installation condition report, an energy performance certificate and the standard How to rent check list. If they haven't done this, the section 21 notice won't be valid.

Finally, if everything is in order, and the notice is valid, she should simply ask to stay another month. I think most landlords would agree to this, as it's not unreasonable, and it gives them certainty about when she will leave. 

Hope that helps. 
PS I'm a lawyer and a landlord

theartfullodger

LegallyLandlord said:

Ask your friend how the landlord served the notice. It needs to be under Section 21, using Form 3, which you can find if you google Form 3 gov dot uk section 21 (I can't put a link as I'm a newbie).

Hope that helps. 
PS I'm a lawyer and a landlord

Whilst using an s21 is a possible way to excercise a break clause (I forget the precedent case ..) it's not the only way.  We need please to see the ACTUAl wording of all break clauses to advise, please.

Legally understand you are a lawyer, but please what qualifications do you have relating to landlord/tenant law, please?

I've seen a lawyer get landlord's notice wrong 3 times before getting it right 4th go.

Just saying....

SiliconChip

LegallyLandlord said:

PS I'm a lawyer and a landlord

I have no reason to doubt that you are a lawyer, but if you're going to claim that on the site then you need to follow the rules, particularly rule 4, Using the forum as a professional.

 

propertyrental

* what is the (exact) wording of the break clause? Without that, no one here (lawyer or otherwise) can tell you whether it has been validly implemented.
* As well as implementing the BC validly, the LL must serve a S21 Notice. The tenancy can only be ended by the tenant(you) serving valid notice) or a court. The court would require a S21 (or S8 which would not apply here.
* if, as artful suggest above, a S21 is not required, I'd be interested to see a link to relevant legal precedent and/ or statute. Happy to be corrected.....

Although Legallylandlord says above, S21 should be on form 3, I believe he means 6A (https: //assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/876592/200324_Form_6A__1_.pdf ) unless it has recently changed?

Check also the checklist here to see if it is valid:
https:// markprichard.co.uk/content/documents/180408-Section-21-checker-tool.pdf

(in both links, remove the blank space...)

propertyrental

To clarify:
* Form 3 is guidance notes, it is not the form that should be served
* Form 3 applies to eviction using S8 (which does not apply here), not S21

GDB2222

SiliconChip said:

LegallyLandlord said:

PS I'm a lawyer and a landlord

I have no reason to doubt that you are a lawyer, but if you're going to claim that on the site then you need to follow the rules, particularly rule 4, Using the forum as a professional.

 

I’m not sure that rule applies to legally, as he was simply mentioning his credentials. He’s not posting as a business.