When can I serve 21 notice

Landlord Discussion
1

Hello, I need to move back to my flat, due to the fact that I split with my bf and need to move out of the house I share with him.
My rented out flat is the only property I own. Current tenants have moved in on 14 August 2021, there’s a 6-month break out clause. I have provided them with all the required docs at the beginning e.g. EPC, Gas CErts etc.
Can I serve clause 21 notice on 10 Feb, with the view of them moving out on 14 April 2022?

Excerpts from the Assured Shorthold Tenancy Agreement:
A fixed term of 18 months
Commencing on and including 14 August 2021
To and including 13 February 2023 (“the Initial Term”)
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.

2

It looks from you TA that you could serve a valid notice as you describe. However, are you sure that they will leave? The notice doesn’t end the tenancy and if they refuse to leave then it will take you many months to evict them through the courts. If you have a good relationship with them, you should have a meeting to explain the situation and arrange things as amicably as possible.

3

Thanks for your response, David! Great idea re meeting up and explaining the situation. I have a good relationship with them, so I hope they’ll understand.

4

Exactly what David says. If you explain they’ll most likely be more understanding.

I would even be inclined to help with moving costs as I am disrupting their lives without it being their fault.