SMF - Just Installed!

What notice is now required AST

Started by chrisamyphillip, October 24, 2020, 04:48:59 AM

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chrisamyphillip

Hello everybody,

Trying to find a straight answer to a simple question as I have become totally confused reading so many articles on the web regarding ending my tenants agreement :)

The tenant has a 12 month A Short Term renewal Agreement issued April 20.

1) How much notice do I have to give the tenant that I want to leave the property so that I can sell it?

2) What is the correct legal process to serve notice.

Note: They have not breached any conditions.

The original agreement (AST) pre the renewal agreement stated:
Mutual Break Clause

11.5. Any time after four months of the initial fixed Term of this tenancy (or after a similar period following a fixed Term extension to the original tenancy) either party may invoke this break clause by providing a minimum of two months written notice to the other (such notice to expire on the last day of a rental period of the tenancy). At the end of such notice the tenancy shall end and all obligations and responsibilities shall cease; subject nevertheless to any claim by either party against the other in respect of any breach of any of the terms and conditions of the agreement.

A simple straight explanation would be sooooo much appreciated :)

KTC

Six months section 21 notice. If in England, using Form 6A. Only requirement in Wales is that it be in writing.

You can invoke the break clause and end the current fixed term tenancy early, but that will just cause a statutory periodic tenancy to arise if the tenant stays as they're legally free to.

Assuming you're legally compliant with all other legal requirements such as deposit protection, services of certain documents in England etc.

chrisamyphillip

The property is in England and all other aspects - Gas Cert DPS etc are in place.

The original AST started 26th October 2017

The 'last' AST Renewal Agreement was the 1st of April 2020 for 12 months.