Model assured shorthold tenancy agreement
I’m just about to let a property to Tenants. The Government Model Agreement contains a landlord’s break clause. However, there is a potential problem to it. The break clause must be exercised by not less than two months notice expiring exactly on six months – not before and not after.
However, to get possession by court order if there is non-vacation you have to serve as part of that notice or as well as it a S21 Notice.
The new S21 notice under tenancy agreements granted on or after 1st October 2015 has to expire after the six months, and can’t serve it until after 4 complete months of the tenancy. So if you incorporate it in the break clause notice it will be invalid if it expires on six months. If it is served separately it will have to expire after the six month period.
Regards
EJ
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Member Since June 2013 - Comments: 646 - Articles: 1
11:31 AM, 6th October 2015, About 11 years ago
good point. obviously dont trust anything published by the government!
can you include a link to this AST?
Member Since July 2013 - Comments: 1434
1:54 PM, 6th October 2015, About 11 years ago
The model tenancy agreement was published before the change in S21 rules.
There is (was when I looked about a year ago) a link somewhere on the model tenancy agreement web page to provide feedback; I suggest that you use it.