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 UKSolicitorJA Your Own Question
UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Property Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
62162956
Type Your Property Law Question Here...
UKSolicitorJA is online now

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 was wondering if the landlord has a right to terminate my contract at the end of 6 months given that section 8.1 only makes reference to the Tenant's break clause?
i.e
"in accordance with Clause 6.1 and 6.2 above and as outlined in the Tenant Break Clause (if any) below"
shouldn't the Landlord Break Clause be mentioned in that line for the landlord break clause to be valid?
I've included the relevant sections from the Contract below. 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: 3 years ago.
Category: Property Law
Expert:  UKSolicitorJA replied 3 years ago.
The notice is merely a procedural issue and you do not need to worry about it as you will only have to leave the property if a court gives your landlord a possession order and enforces this order.
Having said that, the notice is given under the landlords break clause in clause 8.1.
Hope this helps
UKSolicitorJA and other Property Law Specialists are ready to help you