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Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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OK regarding the AST and its ending (question asked a few minutes

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OK regarding the AST and its ending (question asked a few minutes earlier) I have a clause in the contract that states the following:
Notwithstanding the fixed term of this agreement as stated at point 4 of the Tenancy Particulars the Parties agree that the Landlord shall have the right to terminate this agreement prior to the expiry of the said term by giving the Tenant not less than two months' written notice PROVIDED THAT this right cannot be exercised by the Landlord to terminate the agreement on any date falling before the expiry of eight months from the term commencement date of this agreement

At the expiry of a notice served under this clause this agreement will be determined absolutely but such determination shall be without prejudice to the rights of either Party against the other in respect of any outstanding rent or other amount due or other breach of the terms of this agreement which has occurred before the end of the agreement
Since we gave the notice on 24 June, do we still have to give notice under Section 21?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : In that case you don't have to serve a section 21
Alex Watts : This is because the clause allows for notice to be given after 8 months.
Alex Watts : So no you so not need the section 21
Alex Watts : Does that clarify?

the notice that I gave is this


Sent: Tuesday, 24 June, 2014 9:42:26 PM
Subject: rental contract


Hi Jade


Hope all is well. I just wanted to get in touch to let you know that we will be returning to England at the end of August and therefore we will not be renewing the rental contract for our*****Road property, when it expires on the 14 August 2014.


I hope this does not create too much of an issue for you and I am sorry if you wanted to stay longer. Either myself or my husband will come to London for the keys and to ensure all is in order before we return your deposit.


Do let me know if you have any questions.


All the best



The contract is an AST for 24 months, made on the 15 Aug 2012 ending on 14 Aug 2014


====================So if I don't need to give notice under section 21,


does the email serves as notice?


What would be the date when the tenant is obliged to vacate the property - is it the 14 Aug as per email notice?


In addition to the question above, please note that the tenant wrote back saying that her lawyer advised she is entitled to Section 21 notice - I don't know if her lawyer has actually seen the contract. What would I need to do if she does not recognize the notice given by email?

Alex Watts : It is a section 21

sorry, not sure I understand

Alex Watts : This is because you are not ending early.
Alex Watts : You are giving notice not renewing and seeking possession
Alex Watts : So you need a section 21 notice.
Alex Watts : If you were simply ending it early after 8 months you wouldn't need a section 21
Alex Watts : But as you have said you won't be renewing it, a section 21 is needed.

Section 8 notice – when can it be served – in the past 3 months they paid on time but each time less than the amount required - currently they owe us about £480

Alex Watts : Section 8 any time

From the tenant’s point of view, what impact has Section 8 (credit rating or other aspects)?

Alex Watts : none.
Alex Watts : You are better off section 21 route.

And coming back to the wording in the email, does the wording count - what is the difference between ending the contract and not renewing?

Alex Watts : ending is terminating it any any point during the period.
Alex Watts : You can do this from month 8-12
Alex Watts : Not renewing means it ends on 14 aug
Alex Watts : But by not renewing you need a section 21 and 2 months notice

Could we send another notice under that clause, now?

Alex Watts : Do it the legal way.
Alex Watts : Serve a section 21 nowl

ok thanks for now


the date


Sorry, the date for the notice under section 21 what should it be?


Contract is from 15 Aug 2012 until 14 Aug 2014

Alex Watts : Again if you could rate before you go please.
Alex Watts : If the system does not allow you let me know.
Alex Watts : Or as always if you need further help please click reply.

Yes, I was asking what is the date that should specified on the notice served under Section 21, considering that the contract is from 15 Aug 2012 until 14 Aug 2014

Alex Watts : Date is today's date,
Alex Watts : Is that ok?

Thanks. If we put today's date, i.e. 8th July would she be under the obligation to move out by/on the 8th September? Or would she need to move out by 14th Sept the end of the next automatic monthly extension

Alex Watts : No, it's 14th September it's automatic to the next billing period.

Or by 15th Sept which is the date next rent would be due?

Alex Watts : Day before 14th

ah, ok.

Alex Watts : Does that clarify everything?

One more question, please: In her last email the tenant is saying "I am searching for a new property but trying to keep the right area for the children’s school is narrowing my choices. The cost of moving is obviously very costly (deposit, fees, removal van) it all amounts up. I obviously don’t want to be in a position that I have nowhere to live by 14th August as you’ve stated you want the property back, as much as I don’t want to be in a position where you have to get a ‘possession order’ for your property, as my last resort would be to claim homeless via the council." === Does the last bit underlined re her last resort mean she could be squatting in our property? And if so what are her rights?


Alex Watts : No it does not mean she is squatting.
Alex Watts : If the section 21 expires and she does not move you seek a possession order as we have already discussed.
Alex Watts : Does that answer it?

yes, thanks

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