How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Remus2004 Your Own Question
Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70506
Experience:  Over 5 years in practice.
12826847
Type Your Property Law Question Here...
Remus2004 is online now

I have a 12 month Assured Shorthold Tenancy with a break clause

Customer Question

I have a 12 month Assured Shorthold Tenancy with a break clause which reads as follows
Special conditions
Notwithstanding the provisions of the agreement relating to the term the tenancy it is here by consented and agreed that the landlord may give the tenant two calendar months written notice only after the first four calendar months of the tenancy. The same applies to the tenants that they have to wait five months and give one months notice
I now wish to serve a section 21 tenancy started in December 2013 the question is do I have to serve another letter with the section 21 stating that I wish to invoke the break clause to break the contract
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.

How can I help with this please?
Customer: replied 3 years ago.
Prior to serving the section 21 do I have to write a separate letter about the break clause?
Expert:  Remus2004 replied 3 years ago.
No.

All you have to do to rely on this break clause is to serve a S21 notice in accordance with it. There is no need to do anything else. A S21 notice amounts to notice of an intention not to renew.

You do need to ensure that its on the correct dates and that its dated correctly to comply.

But there is no need for anything to accompany it.

Can I clarify anything for you?

Jo
Remus2004 and 3 other Property Law Specialists are ready to help you
Customer: replied 3 years ago.
Thank you
Expert:  Remus2004 replied 3 years ago.
No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’.