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Question

Landlord Wants Tenant to Leave (England)

evicting tenant before end of fixed term agreement (no break clause, no arrears)

11 Oct 2016 | 1 comment

hello,

can a landlord evict a tenant under the s21 accelerated or standard procedure before the expiry of a fixed 1 year tenancy agreement which has no break clause? there are no rent arrears.

the tenancy agreement does say within the agreement that either both the landlord and the tenant – ‘the tenancy may be brought to an end at any time, by month notice from either party’ but does not say when this can be given i.e. after 4 months or sooner etc.

when is the earliest a s21 notice could be served and when is the earliest it could expire during the above fixed 12 month agreement please?

Answer

1 Comment

  1. guildy

    It’s difficult to say whether that could be regarded as a break clause or not.

    Where there is no break clause, although a section 21 can be served during the fixed term, it can’t expire before the last day. It could be served just over a couple of months before the end of the term.

    There is no point in serving the notice too soon because under the new rules (assuming the tenancy was since October 2015), the section 21 dies after 6 months from when it was served.

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