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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a 24 month tenancy agreement which started on the

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Hi, I have a 24 month tenancy agreement which started on the 23 July 2015 for 24 months with a poorly worded break clause which states the following. " a two-way break clause at 12 months is actionable with no less then 2 months notice. the break clause is unclear and it is unclear as well what "two way" means as it is open to interpretation, and what action make it actionable, is it court action? or serving a section 21. to cut a long story short, my landlord wants to use the break clause to end the tenancy. he issued me with a "Section 21 (4)(a) notice Notice requiring possession under section 21 (4)(a) of Housing Act 1988 of property let on a periodic assured shorthold tenancy" as far as I know this is the wrong subsection as I am not a on periodic assured shorthold tenency, rather I am still in the fixed term which means he should have given me a Section 21 1 (B). I have 2 questions. 1 ) is the Section 21 served valid as I was given 4 (a) instead or 1 (B) ? 2) can that break clause be used? as it is poorly written and not clear at the very least. according to the Office of Fair trading tenancy agreements have to be written in a clear and easy to understand way. ?
Submitted: 1 year ago.
Category: Property Law
Customer: replied 1 year ago.
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Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.What is it you want to achieve please?Alex
Customer: replied 1 year ago.
I would like to know whether the section 21 is valid, considering that I was served with section 21 4 (a) instead of 1 ( b) and if the break clause in the way it is written could be acted upon ?
Customer: replied 1 year ago.
What I am trying to achieve is that if my landlord does decide to issue proceedings, whether I can use the above as a defence or not.
Expert:  Ash replied 1 year ago.
The notice appears to be under the wrong grounds and on the face of it is not valid. If it was served on 21(4)(a) as opposed to (21(1)(b). On the face of it it does not appear to be valid.But although the break clause is badly worded I think that is a valid break clause as I understand what it means. As I have said its badly drafted but it is not invalid.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
By writing a "two way" it is not clear if it needs to be mutual or can be unilateral and it's open to interpretation. According to the office of fair trading when a clause on a tenancy agreement is open to different interpretation then the interpretation most favourable to the tenant prevails. Correct me if I am wrong. As well it says actionable at 12 months, in my understanding the landlord would need to get the correct date for it to be at 12 months and if he used the wrong date then the break clause could not be acted upon after that.
Expert:  Ash replied 1 year ago.
Yes its needs to be correct and yes you could challenge the cause.But this is not a commercial business, its a Landlord agreement.Can I clarify anything else?Alex
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Customer: replied 1 year ago.
Thank you for the clarification.

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