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I am trying to understand what the Fixed Trerm relates to in

an assured shorthold tenancy which...
I am trying to understand what the Fixed Trerm relates to in an assured shorthold tenancy which is typicaly for 12 months less one day and has a break clause to give notice to quit on either side after the statutory 6 month period. Ie is the fixed period the contract period or the six month initial period and as the rent is paid monthly woulud the notice period have to tie in with the payment dates ie if rent is due on or before the 28th of the month would notice need to be given prior to the 28th of a month to expire two months after on the 28 th of that month. Is the sevring of a section 21 notice (which format ie 21(b) ? appropriate no known breach of terms just that the landlord wishes to obtain possesion)
many thanks I hope you are able to come back to me soooon

Regards

Richard
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Answered in 11 minutes by:
9/13/2010
Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7,634
Experience: BA (Hons), PgDip, Practising Solicitor
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Hi Richard,

 

Could you just clarify

 

1) When in the currency of the term of the tenancy are you presently

 

2) When do you wish to terminate the tenancy

 

Kind regards,

 

Tom

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Customer reply replied 7 years ago

Hi To

 

The contract started 23rd Jan 2010 due to expire on 22 Jan 2011 rent payable on or before 29th.

 

I wish to terminate the tenancy asap ie 2months prior to the 23rd of this month to require possesion on the 23rd November 2010 ? earliest (no known breaches )

 

many thanks

 

Richard

 

Hi Richard,

 

Thanks for your reply.


If the tenant has not been persistently late with the rent, is not two months in arrears with the rent, has not allowed the state of the property to deteriorate and is not otherwise in material breach of their obligations under the tenancy agreement then you will not be able to terminate the tenancy agreement any earlier than upon the expiry of the fixed term.

 

I assume from the dates you have mentioned that the time at which you could have terminated in accordance with the break clause has long since passed, so you will have to serve a s21 (1)(b) notice appropriately.

 

This site explains it fairly well:-

http://www.tenancyagreementservice.co.uk/section-21-notice-to-quit.htm#section-21-notices-served-during-the-fixed-tenancy

 

You can download the template of the notice from any of the online document providers, this would be one example:-

http://www.simply-docs.co.uk/Document.aspx?documentID=211

 

Sorry it could not be better news, but once the tenant has been granted a tenancy they are permitted to have possession of it until the term expires or you until you obtain an order from Court for possession under one of the grounds under the Housing Act 1988. Guidance here for future reference:-

http://www.communities.gov.uk/documents/housing/pdf/138286.pdf

 

If this useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

 

Kind regards,

 

Tom

 

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Customer reply replied 7 years ago

further to my last enquiry please find below relevent clause please could you consider this and advise if your answer as sugested notice can be served any time during a month and what without wishing to appear obtuse is the "fixed term"?

 

The clause from the agreement :-

The Landlord may terminate the tenancy granted hereby upon giving at least two months notice in writing to the tenant and upon the expiry
of such notice the term and tenancy shall determine without prejudice to any claim by either party againstthe other for any antecedent breach
to the terms hereof and any claim claim by either party against the other for any antecedent breach to the term hereof and the Tenant shall thereupon
yield the property up withvacant possession PROVIDED THAT in the case of an assured shorthold tenancy the Landlord shall not be entitled to give such notice to expire any earlier than six months from the commencement date of the tenancy.

 

I am not sure the break clause had expired?

 

many thanks once again

Richard

Richard,

 

No, it hasn't expired - that is an open ended break clause and you can terminate under it if you serve the requisite period of noticing in writing upon the tenant. A court will grant an order for possession if the notice is compliant with the clause and the tenant does not leave at the end of it.

 

Tom

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Customer reply replied 7 years ago

thanks sorry to be so painful but what would be the earliest date ie if notice given today 2 clear months from today or from the rent due date?

 

Richard

It's fine.

 

On the construction of the wording of the break clause you need only give two months notice. It does not require it to end on a rent day. If you are to post the notice make sure you leave three working days for postage before the notice period formally begins.

 

Kind regards,

 

Tom

Thomas
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