UK Property Law
Ask an UK Property Law Question, Get an Answer ASAP!
Thanks for your question.
The inclusion of break clauses is a matter of negotiation of terms, a break clause at 6 months is very common. If you are the landlord it is entirely up to you whether you wish to include a break clause. It does give you flexibility, but then it also gives flexibility to the tenant - he could terminate at 6 months and then the agents would find you another tenant (and inevitably charge you a fee for that replacement tenant).
The service at the beginning of a s21 Notice to take possession is a way of ensuring that the notice itself is not forgotten about, hence why the agents are likely to be keen on doing it now. If you do not actually take possession on the break clause then you are not prejudiced by having served the notice. You could explain to the tenant that it is merely served to avoid a procedural oversight. If he objects then you could decline to serve the notice at the beginning of the tenancy and simply serve it closer towards the appropriate time.
The two issues are more a matter of personal preference than legality.
If this has been useful please kindly click accept so that I am rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).