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Remus2004, Barrister
Category: Property Law
Satisfied Customers: 71140
Experience:  Over 5 years in practice.
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Break clause in an AST , section 21, section 13 and section

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Break clause in an AST , section 21, section 13 and section 81. I have a tennant for whom we agreed a 2 year AST with a 12 month clause to opt out by either party
2. we agreed the rent can be fixed for two years
3. Things haven't worked out so I want to exercise the break clause and terminate the tenancy agreement
4. The deposit was registered late and there is a court hearing - so I suspect compensation will be due
5. A section 21 has been served , after the deposit has been protected.
6. The tenants claim the prescribed information was not given to them - but I have witness evidence that it was given by handMy questions:1. Do I still need a section 21 or can I invoke the break clause ? - I.e is a section 21 still needed ?2. What is the status of the AST ? do I need to formally inform him that the break clause will be enforced or is a section 21 the same thing ? can I get out of the contract without a section 21 and how would I do it ?3. what are the possibilities of getting him out and how do I get him out ?
1 S21 is needed even to use the break clause.
2 You need to use a S21. There is no way of ending any contract under the Housing Act without one.
3 You serve a S21 notice. If he doesn't go then you seek a possession order under the accelerated procedure. It is quite unlikely to come to that though as tenants don't usually wait to be put out by bailiffs.
Can I clarify anything for you?
Customer: replied 2 years ago.
how can i serve a S21 under an accelerated procedure? Is there a form ?
No, you just use the S21 notice.
Then if the tenant doesn't go you apply for a possession order using the accelerated procedure.
It won't come to that though.
Customer: replied 2 years ago.
Can you call me now?
I submitted an offer.
Remus2004 and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.
I replied
Sorry, I've just seen this.
I'm off for the night now and I'm in court in the morning.
I could do tomorrow afternoon if you send me a reminder when you are clear?