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Question

Ending a Tenancy (England) | England | Landlord Wants Tenant to Leave (England)

Company let and notice period

19 Dec 2020 | 2 comments

firstly does an NTQ have to be in some form of prescribed form or with any crucial information therein.

there is a forfeit clause that if rent isn’t paid after 14 days then the landlord can serve notice exec.. it’s 3 months into a 3 year tenancy with a 12 month break clause, it also says that the landlord can give 2 months notice after the break clause, but how does it work re the forfeiture, would it also be 2 months or is there a default 28 days ?

 

 

Answer

2 Comments

  1. guildy

    A notice to quit is no good because you’re still in the term and not ready to use the break clause until 12 months.

    The only option will be forfeiture which can be done by simply completing claim forms N5 and N119 (tick the forfeiture and rent arrears checkbox in the form).

    Rent cannot have been demanded for the period for which you’re forfeiting so if you’ve already asked for rent this month, you will need to wait until after 14 days from the next rental due.

    We’ve had a quick look through the Coronavirus rules and can’t see any ban on forfeiture for a residential property (but commercial forfeiture is banned at the moment) so we believe this is acceptable to do at the moment (although the legislation has been amended many times and guidance is unclear so this is all to the best of our knowledge and belief).

    It would be wise for a solicitor to do the forfeiture as it can be complicated and is very rarely done so courts not so familiar with the process.

    We also found this very useful article which should assist.

  2. eden2011

    So an NTQ can’t be served even if there are arrears in a fixed term? Or is it because the 12 month break clause hasn’t been surpassed yet

    Does any notice need to be served whatsoever?

    There are actually 2 tenancies, one is only 3 montsn into 3 year term, the other is 10 months into a 12 month tenancy with a 6 months break clause, so can an NTQ be served on this last one?

    Still not clear on the duration of any NTQ (if one can be served) is there a default position on this ?

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