Section 21 and 4 month break clause

Landlord Discussion Legal
1

I have an initial AST - A fixed term of 7 months

Commencing on and including 06 April 2022

To and including 05 November 2022 (“the Initial Term”)

And then continuing as a monthly contractual periodic tenancy until terminated in accordance

with the agreement

My question is - I have a Break clause which can be activated after 4 months -

This means that from 6th August 2022, ‘you or the tenant(s) can end the tenancy by providing 2 months notice to the other party.’

I will serve the tenant with Form 6a and reference to a Section 21 notice that I give them until 5th October to vacate the premises.

Is this correct ? or because the initial AST is 7 months ahould the notice give them a vacating date of one additional month later to complete the 7 month agreement ie on 5th November.

I welcome some guidance. and finally on what date must I serve the Form6a and Section 21 notice - is it actually on 6th August or can it be a day later if they don’t’ "answer the door’

Many thanks

2

Can you post the wording of the break clauses.

3

David herewith - thank you
The Open Rent Portal page for my tenancy states - Break Clause - "This means that from 6th August 2022, you or the tenant(s) can end the tenancy by providing 2 months notice to the other party.’

The wording in the Open Rent AST contract signed by both parties and held by both landlord and tenant says:

Mutual Break Clause

12.6. 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

served by the Landlord under section 21 of the Housing Act 1988 shall be sufficient notice under this clause.

The Tenant is obliged to pay rent up to and including the termination date, so if the tenancy is terminated on a

date which is not the last day of a rental period, the rent due for any incomplete rental periods will be

apportioned accordingly.

Effect of Notices to terminate the tenancy

12.7. On the expiry of a notice to terminate the tenancy under clause 12.2 or 12.6 the tenancy shall end and no

further obligations shall be performed under the tenancy save that either party may pursue the other for any

breach of this agreement occurring before the expiry of the notice.

Notices & Miscellaneous

Notices

13.1. The Landlord gives notice to the Tenant that pursuant to Section 48(1) of the Landlord and Tenant Act

1987 that notices (including notices in proceedings) may be served on the Landlord at the address specified at

the beginning of this agreement.

13.2. Any notice served upon the Tenant by the Landlord pursuant to this agreement or any statute or regulation

must be served in writing and will be deemed sufficiently served if sent by registered post or first class post to or

left at the Premises. Notices served by recorded delivery post, or prepaid first class post to the Premises, shall

be deemed to have been properly served and received by the Tenant on the second day after posting (or if that

day is not a working day on the next working day), or in the case of notices left at the Premises on the next

working day after delivery.

13.3. The Landlord and the Tenant agree that notices pursuant to this agreement may be served on the other

party by email. The email addresses for notice are:

4

S21 is expressed to require possession after the expiry date, so you need to allow some extra time before applying to the courts for an order if they dont vacate. If you are posting the notice then you also need to add a couple of days to the stated expiry date for service. I would suggest doing this anyway.

5

Many thanks for your help