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Question

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

Notice required when selling a property and offering tenant 1st refusal

13 Oct 2020 | 4 comments

Here’s another problem!!

A landlord got me to do a 12 month AST (one of yours) in July with a break clause in month 6 just in case.

Given the Covid-19 situation, the landlord now needs to sell the property to finance a move back up north. He wants to offer the tenant first refusal as they mentioned they were hoping to buy in the future.

If they are not in a position to buy the property, am I right in thinking the earliest he can give them notice is in January 2021 and it is 6 months? I guess if anyone bought the property before then, they would have to wait until July for posession, unless the tenants vacated prior to July 2021 themselves.

Answer

4 Comments

  1. guildy

    Firstly, you’re right that the notice will need to be 6 months (despite the clause saying 2) due to the current restrictions.

    However, with our clause, you will be able to serve after 4 months from when the tenancy commenced. The requirement is that the break cannot “expire” before 6 months and that at least 2 months “prior” notice is required. Therefore, serving six months notice after month 4 meets all the requirements of the clause and the legislation. If the start date was 1 July, it can be served from 2 November for example.

    Note how under the clause it must be signed by “all landlords …” (not just one (if multiple) or someone else on behalf of them). This is because of the rules about ending a fixed term early.

  2. kaysproperty

    Ah, my AST doesn’t have the additional part about “all landlords”. It’s from 10th July, your template must have changed after that. Only one landlord though but I signed on his behalf and got a witness as I’m a Ltd company.
    Presumably, I can go ahead and give them notice from 11th November then? But any purchaser would still have to wait 6 months for vacant possession, unless the tenants vacate early.

  3. kaysproperty

    Oh, and if the tenant decides to leave, can they still give one month’s notice from 11th November?

  4. kaysproperty

    Apologies, 2 months notice if in November but does it revert back to 1 month for the tenant after the 6 month period?

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