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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We have served a section 21 on a tenant on a tenant to bring

Resolved Question:

We have served a section 21 on a tenant on a tenant to bring her tenancy to an end, though after she received the notice she rang the office to enquire if the landlord would re-consider, when I contact her back by email to inform her the notice would stand and confirm her last day that was displayed on our system.
She has now contacted the office one month before departure to say she is not planning on moving out in April as per her paperwork as I mentioned June in my email. The tenancy had a break clause so this enabled the management term to serve notice for April where do we stand ?
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello and thanks for requesting me.

Alex Watts :

When was the tenancy started please?

Customer:

17th June 2013

Alex Watts :

And what was the fixed period for?

Alex Watts :

Are they now a periodic tenant?

Customer: No, the contract ends mid June though there was a break clause of two months notice at any time after the initial four months
Alex Watts :

So it was a renewed contract for 6 months but you could break after 4?

Customer:

no a twelve month contract with a break at any time after four had expired

Alex Watts : And this says its an assured shorhold tenancy?
Customer: Yes
Alex Watts :

Its bad news I am afraid, they can ONLY be an AST if the period is 6 months or more.

Alex Watts :

Less than 6 months (as in this case you want out after 4 months) its not an AST

Alex Watts :

I am sorry but they can stay for the 6 months. Regardless of what the contract says an AST must be for a minimum of 6 months

Alex Watts :

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Customer: The tenancy started in June last year so in this case they have already resided for six when the notice was served
Alex Watts : Ok I see. In that case you are ok. If the notice allows you to break and you did then you can serve a section 21 notice.
Alex Watts : so you are ok, you have served it valid.
Alex Watts : Does that clarify?
Customer:

even though I muddied the water by my email mentioning the incorrect date ?

Alex Watts :

Yes that is correct.

Alex Watts :

That does not invalidate the original notice.

Alex Watts :

Does that help?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


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