I am very confused by the law as it applies to repossession of a privately owned property which has been rented out under an assured shorthold tenancy agreement for a fixed term of more than six months..In the case of a 12-month fixed term shorthold tenancy, is it legal to require possession of the property (in this case an apartment) on a date which falls after the first six months of the tenancy but BEFORE the completion of the full 12-month term (provided that a valid Section 21 Notice Requiring Possession has been served and a full two months’ has been given)?Or does the date stated on the Section 21 Notice as the date when possession is required always have to be AFTER the date when the full 12 months of the original tenancy is due to be completed (assuming that there are no special grounds, such as defaulting on rent or criminal activity)?In other words, is it legal to require repossession of a rental property before the end of the fixed one year term, provided the first six months of the tenancy have been completed?
State/Country relating to question: United Kingdom
Unless there is a break clause in the contract you can not be evicted until after the twelve months in the contractHappy to discussPlease press accept
Thanks for your question. Please remember to click ACCEPT once you get my answer.An assured short hold is for a minimum of 6 months,If the term contract is for 12 months then it must be 12 months,As long as the agreement is not breached such as unpaid rent etc then the minimum term must be served.So no, it would not be possible to be forced to leave the property before the expiry of the 12 month term.In any event a court order for possession would be needed before the tenant could be moved.
Called to the Bar in 2007
HiMy colleague did not appear to realise that I was dealing with this matter. As stated above an assured short hold tenancy is in your case for a period of 12 months and as such the section 21 notice will only take effect at the end of this period. This can be changed if there is a break clause - often at six months. The key is to check the wording on the leaseHappy to discussPlease press accept
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