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Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7602
Experience:  BA (Hons), PgDip, Practising Solicitor
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Is it usual as a landlord to include a 6 months break clause

Resolved Question:

Is it usual as a landlord to include a 6 months break clause in a one year fixed term tenancy and to serve a S 21 notice as soon as the tenancy agreement is granted when as landlord I wan the term to last for the full year (being advised by letting agent that this is normal)
Submitted: 7 years ago via Tenancy Agreement Service.
Category: UK Property Law
Expert:  Thomas replied 7 years ago.



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.


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