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Thomas
Thomas, Lawyer
Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I have received a draft tenancy agreement fixed term 1 year with no break clause. There is

Resolved Question:

I have received a draft tenancy agreement fixed term 1 year with no break clause. There is a clause for allowing ground 1 based repossession, saying "such repossession not to be required before the first 6 months of the term have elapsed." Am I sure to be able to stay 1 year, or can they evict me after 6 months?
Submitted: 2 years ago via Tenancy Agreement Service.
Category: UK Property Law
Expert:  Thomas replied 2 years ago.
Hi,

Thanks for your question.

This relates to the landlord taking possession of the property because they wish to return to use the property as their primary residence. This is one of the grounds on which possession can be sought under the Housing Act legislation governing tenancies (Ground 1).

It means that if the landlord wishes to move back in then they can but they can but they can only do so (ie. take possession of the property because they wish to live there) once 6 months of the term has gone by. If you sign the tenancy agreement then they could serve notice upon you after four months giving you two months notice that they wish to return to the property (ie. at 6 months after the term started). If you do not like this you can ask for it to be amended and negotiate from their.

In summary, they can evict you after 6 months but only if they wish to return to the property to use as their primary residence.
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Kind regards,


Tom
Customer: replied 2 years ago.

So this clause overrides the fact that the tenancy is a fixed-term 1 year agreement?

 

Christophe.

Expert:  Thomas replied 2 years ago.
Hi Christophe,

Yes, it does but ONLY in the specific circumstances that your landlords wish to live in the property and subject to them serving the required 2 months notice.

You are free to attempt to negotiate to have this clause deleted.

Trust this clarifies, please click accept.

Kind regards,


Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6055
Experience: BA (Hons), PgDip, Practising Solicitor
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