Tenant not vacating after end of break clause notice

Landlord Discussion
1

To facilitate sale of my property, I wanted to terminate a standard 12 months AST contract earlier by activating break clause.
On 7th month, I served my tenant break clause notice and section 21 notice at the same time , giving them more than 2 months notice.
However the tenant has not vacated the property event after expiry of notice period, as apparently tenant is not able to secure a new property on rent.
Could someone please advise, if the tenant’s stay in my property legal, after expiry of break clause notice and section 21 notice ?

2

Yes its legal. Your s21 notice doesnt end the tenancy, its just a gateway to court action. You are going to need help from a specialist eviction company as I dont think you have the knowledge needed to do this yourself.

3

Thanks David! I understand section 21 doesn’t end the tenancy. But does the activation of break clause in the tenancy agreement, end the tenancy at the expiry of notice?

4

Only a tenant or a court can end a tenancy. You will need to start court proceedings if the tenant does not vacate.

1 Like
5

evidenced by…

get a solicitor who specialises in property law

2 Likes
6

A break clause just ends the fixed term tenancy, but a statutory periodic tenancy then arises automatically. If its a Contractual Periodic, the break clause just ends the initial term and the tenancy continues as a CPT.

7

How much money do you want to lose?

As suggested see a specialist, however, if you have not served the right documentation at the stsrt of the tenancy you will never win and may be subject to a penalty fine.