How to serve notice to tenant?

Landlord Discussion
1

The tenant has been extremely demanding. The contract is for one year but six months breaking clause. I wonder how I can serve notice to terminate the contract. I know it will have to wait until at least six months later since the tenancy. Do I need any reason for the notice as a landlord?

2

What exactly does your break clause say and what was the date of the start of the tenancy?

3

You need to serve a section 21 notice at 4 or 10 months . It could still take a year to get the tenant out because of the backlog in the system so if they are paying the rent on time I’d be tempted to stick at it .

4

the breaking clause is at least 6 months. and the tenancy just started…

5

Many break clauses are badly worded and some are unenforceable. Could you reproduce the exact wording.

Is the tenant in breach of any of the terms in the tenancy?

6

Thanks David. It says “The Initial Term of this tenancy agreement may be terminated by either party giving the other at least two months’ notice in writing, such notice not to expire until at least 6 months after the start of the Term. A notice 13/18 served by the Landlord under section 21 of the Housing Act 1988 shall be sufficient notice under this clause”.

So if the landlord wants to terminate the contract at months 6, is it possible? Does it have to have any reason such as rent arrears?

The tenancy just started, but the tenants haggle over for every little things and became very difficult and demanding sometimes can be aggressive.

7

You can’t serve a s21 in first 4 months so you would give 2 months notice after 4 months (assuming you are able to give 2 months at that point)

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8

As per Richard19 above. You serve the notice on day 1 of month 5 to expire 2 months later. Add two extra days if posting the notice.

9

Thanks David. Does the landlord have to provide any reason other than rent arrears for the notice if the landlord does it according to breaking clause?

Also, at the end of fixed term (1 year) , if the landlord has no intention to renew the contract, will the contract automatically expire? Of course the landlord will give two months notice to the tenant that landlord has no intention to renew the contract. I believe in this case, there is no reason needs to be provided?

10

S21 is the no fault eviction notice so you don’t provide ANY reason.

Yes, the tenancy will end at the close of the fixed term but a periodic tenancy will arise automatically to take its place on the same terms if the tenant is still living there. Nothing can prevent this, so if you want the tenant to leave you have to start by serving notice.