UK Property Law
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Are you occupying the property under an assured shorthold tenancy?
I am not exactly sure. It is a standard contract from Hamptons Estate Agents.
12 Month tenancy with a break clause at 6 months giving 3 months notice.
It'll be an AST as long as the annual rent is less than £25k and you did not receive a notice prior to entering stating it was not to be an AST.
It doesn't sound as if the notice is one operating the break clause as the notice period is insuffieceint.
The landlord could serve a s8 Housing Act 1988 on Ground 12 if you have broken an obligation of your tenancy agreement (ie. by being a "nuisance/disturbance"). For this, he would only be required to give two weeks notice so it does not really sounds as if he is particulaly familer with landlord and tenant law. If the notice is in writing, refers to your tenancy agreement and the ground under which he is terminating (ie. your breach of the tenancy by being a nuisance/annoyance) then it's possible that a Court would accept that as notice but if you dispute that you have breached the agreement then you could make representations at Court to this effect.
If you do not leave at the end of the notice period then the landlord cannot evict you without an order from the Court and he would have to make an application for such. If the Court accept that notice has been served appropriately (and it does sound qusetionable, albeit without having seen it) then they will schedule a hearing at which you could dispute the breach.
It would be for the Court to decide if you have in fact breached the agreement.
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No he is not excercising the break clause but from your response It would seem he is operating within his rights.
I don't want to contest it in the courts. The main problem is one of my neighbours is a good friend of his.
Am i right in assumong that he is essentially being fair to me by giving me 2 months notice?
It's not really a question of whether it's fair - it's a question of whether he is legally exercising his rights as a landlord.
If he thought he could prove your breach at Court then he is only require to serve you two weeks notice provided that it is served in the correct from. That he has given you so much longer than two weeks suggests that he is not too clued up on notice procedure and that there may be other defects with the notice which would mean that a Court may not grant an order for possession.
In theory he could sue you for the remaining rent of the term of the lease if you have breached it and an order for possession were granted, he would not get all of it because a Court would say that he should have mitigated his loss by finding a replacement tenant. If you think he's likely to sue you for rent then I would contest it.
If you are not minded to contest it and do not think that he will sue you then you may decided to chance it by simply vacating.
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