Section 21(1)(b) is my notice defective?

[R J Dearden]

Break clauses are usually additional clauses added to the contract prior to the commencement of the tenancy and have to be specific. The landlord upon an AST cannot have a break clause purely in their favour as there must be one for the tenant also. A tenant can have one in their favour only.

 

Usually a landlords break clause MAY read something like: It is hereby agreed between the parties to this agreement that the landlord may serve upon the tenant 2 months written notice to terminate this agreement anytime after the expiry of 6 calendar months from the commencement of this agreement.

 

The clause you provide above is not a break clause but a std clause written into AST's

[twostudents]

Then there is no break clause then (assuming the agency used the first tenancy agreement for the second year). Thanks, is there anything else I should look out for? you seem very experienced

[R J Dearden]

Not at this stage - I would personally deliver the letter to the agent once signed by all parties. You may wish to go in with a co-tenant videoing the delivery of the letter as witness on a phone. Ensure you have a copy of the letter and await a response.

[Steve__M]

...and a break clause cannot in any case take effect less than 6 months into a contract, as ASTs are for a minimum of 6 months.

[R J Dearden]

...and a break clause cannot in any case take effect less than 6 months into a contract, as ASTs are for a minimum of 6 months.

 

Sorry this is incorrect - this is a common misconception within letting circles.

 

Following the amendments to the Housing Act in 1996 the initial fixed term of an AST can be agreed for any period from a matter of days or weeks up to and including 3 years (if the initial term is more than 3 years it needs to be set up as a deed by a solicitor). So you can have a fixed term AST for 3 months and even serve the S21 Notice for the termination of the tenancy at the tenancy commencement for possession to be requested at the end of the 3rd month BUT a tenant has an automated right of tenure for the 1st six months only of any tenancy unless evicted through the courts. This is why most initial terms are for 6 months because as long as the tenant is not in breach of contract they have a right to remain at the property for this period.

[Steve__M]

The key point for the OP is that the AST guarantees a tenancy for 6 months (if the tenant so wishes). Tenant and landlord could agree to terminate after one day if they wanted to.

[R J Dearden]

The key point for the OP is that the AST guarantees a tenancy for 6 months (if the tenant so wishes). Tenant and landlord could agree to terminate after one day if they wanted to.

 

Yes it provides security of tenure for the tenant within the INITIAL 6 month term of a tenancy agreement but not to any addenda (extension) annexed to it, the original agreement. If a completely new AST was drawn up and signed following the end of an agreement then iirc the tenant should have security of tenure again as the new contract (ie not extension to original) supersedes the old one. I don't think it is clear in this case whether the tenant signed an extension agreement or a new AST as they don't have a copy yet.