Hi my tenancy agreement has a break clause in it. I have issued an email notifying the tenant that I would like vacant possession.I have also issued a Section 21 via recorded delivery.
The council are telling the tenant the section 21 is not legal as my email did not specify the break clause.
Do I need to issue a notice to use the break clause and then a Section 21 6A form? As I am getting conflicting advice from the Council.
This is one reason why break clauses are not a good idea. There are many more!
Firstly, you can only serve documents and notices by email if you have prior written/signed permission from the tenant and even then its not advisable with notices. They should really be in hard copy with wet signatures.
Secondly, you should never issue notice via signed-for post as if the tenant refuses to sign for it, the notice is not served.
Usually, a single s21 notice can be used for both breaking the fixed term and giving notice of your intention to end the tenancy. However, it may depend on the wording of your tenancy agreement and there may well be extra wording to be added.
Getting a notice right can be a complex issue so if you’re not clear how to do it, you may need help. Are you a member of NRLA or similar? If so call them for specific advice. If not, speak to a housing solicitor.
Thank you David for your advice is greatly appreciated. I took legal advice on the break clauses. I am going to join NRLA and take further advice on serving the notice.