UK Landlord Forum / Life

Hello everyone,
I wonder if some one can help me.

i'm a landlord and i signed a tenancy agreement (AST) with my tenant on 03/12/112 for one year ending on 02/12/13 with Break clause of six months.
Break Clause goes like;

" 2.   The Landlord lets to the Tenant the premises for a period of 12 months.
The tenancy shall start on and include the 3rd day of December 2012 and shall end on (and include) the 2nd day of December 2013.
Break Clause:
The Tenant agrees that the Landlord has the right to terminate the tenancy after the first six months by giving the Tenant not less than two months' notice in writing to end the agreement.
The Landlord agrees that the Tenant has the right to terminate the tenancy after the first six months by giving the Landlord not less than two months' notice in writing sent to the address specified in clause 10 of this agreement.
Upon the expiry of this notice this Agreement [i.e. the Tenancy Agreement] shall cease except that either the Tenant or the Landlord can pursue their legal remedies against the other for any breach of any pre-existing rights under the Agreement apart from the pre-existing right to a fixed contract which is subject to this break clause."

Now, I want to serve section 21 after 4 months of tenancy giving the tenant 2 months time.

My questions are;

1) can i serve him Periodic Tenancy section 21 (4)(a) on 15/04/13 having expiry date of 17/06/13. ?
or
2) do i have to serve him a notice AST 'Fixed Term' Section 21 (1) (b), and which dates would be then ? i assume serving on 04/04/13 and expiring on 04/06/13.

i have actually served the notice as in question 1) but later on thought that i might have done a mistake. section 21 is still with me and the tenant is also quite flexible if i need to hand him a n amended one.

Plz advice.

Many Thanks.
Shoaib.

Hi,

Have you got this sorted?

If not,you would need to serve a 21 (1) (b) asap and it would need to expire on the 2nd day of the month after 2 months(i.e. 2nd August)

Regards,

Anna
www.emeraldlegalservices.co.uk