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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi, Ive currently in and AST for 12 months that includes

Resolved Question:

Hi,
I've currently in and AST for 12 months that includes a '6 month' break clause. The tenancy started on May 12th for 2014. In the middle of July, the landlord issued a Section 21 notice asking me to leave at the end of 6 months (Nov 11th). I was reviewing the contract I signed and saw the following 8.1, can you advise if the landlord has a right to terminate my contract at the end of 6 months given the below and if he doesn't what course of action I should take? I've also included sections 6.1 and 6.2 for reference Thanks:
8.1 Termination
It is agreed and understood that the Tenancy hereby created may be terminated by serving advance written notice to the
Landlord's Agent in accordance with Clause 6.1 and 6.2 above and as outlined in the Tenant Break Clause (if any) below
provided always that it is understood that:
1. up to time of the termination the Tenant shall pay the rent and observe and perform the Tenant obligations
covenants and conditions contained in this Agreement and
2. immediately on the expiration of such notice the Tenant shall yield up the Property with vacant possession and the
Tenancy and everything contained in this Agreement shall cease but without prejudice to the rights and remedies of
either party against the other in respect of any claim or breach of obligation arising from the Tenancy.
3. Where the Tenant comprises of more than one person the written notice must be served and signed by all Tenants.
TENANT BREAK
No less than two months notice served after completion of the first four months of the Tenancy. For avoidance of doubt
the Tenancy may not be terminated by the Tenant prior to the 11th November 2014
LANDLORD BREAK
No less than two months notice served after completion of the first four months of the Tenancy. For avoidance of doubt
the Tenancy may not be terminated by the Landlord prior to the 11th November 2014
6.1
Validitv of Service
(i) ln accordance with Section 196 of the Law of Property Act 1925 any notice or document to be served by either
party in relation to this Tenancy shall be deemed to have been validly and sufficiently served if in writing and
delivered to the receiving party's address or last known address by hand or sent by first class post or by
registered post or recorded delivery and any such notice or document shall be deemed to have been served two
working days after the date of posting save that where hand delivered prior to 5.00 pm it shall be deemed to
have been served on the next working day. Reasonable evidence should be kept of the delivery. Notice served
by facsimile transmission or by electronic mail alone is not sufficient.
(ii) Any notice or document to be served on the Tenant may be served by the Landlord or by the Landlord's Agent
on behalf of the Landlord.
6.2
Service of Notice
For the purposes of Sections 47 and 48 of the Landlord and Tenant Act 1987 the address of the Landlord is as stated on
page 1 of this Agreement. Where this address is in England and Wales notices on the Landlord (including notices in
proceedings) may be served to this address. Where the Landlord's address is not in England and Wales, the address of
the Landlord's Agent as detailed in this Agreement under Definitions may be used as an alternative address for the
service of notices on the Landlord (including notices in proceedings). lf either of these addresses should change during
the term of the Tenancy the Tenant will accordingly be notified in writing.
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : i assume you want to know whether the landlord can break the tenancy after 6 months or must wait the full 12 months?
Customer:

Hi Alex, yes,

Customer:

that's what I wanted to find out given what's in Section 8.1

Alex Watts : Looking at it the landlord can terminate after 4 months but give a minimum of 2 months notice.
Alex Watts : The clause states this that the landlord can terminate after 4 months completion but must serve a minimm of 2 months notice
Alex Watts : So you have until 11th Nivember 2014
Alex Watts : Can I clarify anything for you about this today please ?
Customer:

Hi Alex, yes, I specifically asked about this because of the phrase 'as outlined in the Tenant Break Clause (if any)' and no mention was made of using the 'Landlord break clause'. Also, if the landlord can terminate, as you have stated the landlord can only terminate after 4 months but we have only been in the flat for 2 months. Is this correct?

Alex Watts : Yes the landlord can terminate and the clause states for the avoidance of doubt .......
Alex Watts : The landlord must allow you to stay for 6 months.
Alex Watts : The clause reads the landlord may terminate after 4 months but must give you at least 2 months notice
Alex Watts : Therefore the landlord is giving you notice early but the tenancy will end in November 2014
Alex Watts : Upon my reading the landlord can terminate, he is simply giving you more notice to that which you are entitled to.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

Thanks Alex for the confirmation about the 4 months.
I don't think you're understanding where I'm coming from with regards ***** ***** Landlord break clause.

I thought that the landlord break clause would have to be mentioned in the following line to be valid

Customer:

ie "Termination It is agreed and understood that the Tenancy hereby created may be terminated by serving advance written notice to the Landlord's Agent in accordance with Clause 6.1 and 6.2 above and as outlined in the Tenant Break Clause (if any) below provided always that it is understood that"

should be

"Termination It is agreed and understood that the Tenancy hereby created may be terminated by serving advance written notice to the Landlord's Agent in accordance with Clause 6.1 and 6.2 above and as outlined in the Tenant Break Clause or Landlord break clause (if any) below provided always that it is understood that"

Customer:

for the landlord clause to be valid but you are saying that this is not the case, correct?







Ash, Solicitor
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Experience: Solicitor with 5+ years experience
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