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Joshua, Lawyer
Category: Property Law
Satisfied Customers: 27525
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Our TA has a break clause with a two month notice period.

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Our TA has a break clause with a two month notice period. Can we still serve a two month notice or has this been affected by the new government legislation calling for six months' notice?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: Not yet
JA: Where is the property located?
Customer: England
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No thanks

Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years experience.

  1. May I kindly clarify if you are a landlord or tenant in this situation?
  2. Roughly when did the tenancy begin?
  3. After what period can the break clause be exercised?
Customer: replied 7 days ago.
I'm the landlord. The TA runs July 2019 to July 2021 with a break clause after 12 months (so July 2020)
Customer: replied 7 days ago.
does that help?
Customer: replied 7 days ago.

Many thanks. Sorry for the short delay - I have been on a phone call. Typing response now...

Customer: replied 7 days ago.

The Housing Act provides that the only way to lawfully end a residential tenancy agreement other than by mutual agreement is by way of a s21 notice and if necessary a court order. Therefore in order to exercise a break clause, notice must still be served in the form of a s21 notice. Authority exists that there is no need to also serve a separate break notice - the s21 notice is sufficient to both exercise the break option and comply with the Housing Act. If the break notice provisions provide for a shorter notice period than in the Housing Act (2 months minimum) then the Housing Act trumps the break provisions in the tenancy. If the break notice requires a longer period, then this will apply over and above the minimum 2 month notice in statute.

Usually as above the statutory period required is 2 months but due to the pandemic the government has passed in the CoronVirus Act 2020 an amendment to the Housing Act which requires a minimum period of 6 months notice for notices served between end August and end March 2021. Accordingly if you are considering serving notice now, unfortunatly a minimum period of 6 months notice is required.

If the tenant is in arrears with rent, you could consider using a s8 notice though this is typically only worthwhile if the tenant is 8 weeks or more in arrears. Finally it is open to you to reach agreement with the tenant for them to move out earlier than the above timeframes. If there is anything else I can help with please reply back to me

Joshua and other Property Law Specialists are ready to help you
Customer: replied 7 days ago.
Ok thank you

A pleasure. I hope you are able to recover possession of your property in the near future.