Serving Section 21 during fixed term – right or wrong?Make Text Bigger
A friend has been in touch. She rents in London and signed a new 12 months fixed term AST wef from 1st September 2019. The paperwork was signed on the 16th July 2019.
Her Landlord has served her 2 months notice on the basis that they have a new buyer for the property who wants vacant possession. This came about as the TT gave access to the Landlord for an inspection visit before Christmas when it is thought they showed the new Purchaser around.
Reading through the agreement, the following clauses have been incorporated into the TAG :
14.3 Following the expiry of the Tenancy the Landlord has the right to recover possession of the Property if: (a) the Term has expired; (b) the Landlord has given two months’ notice to the Tenant of the Landlord’s intention to recover possession of the Property; and (c) at least six months have passed since the date of this agreement.
14.3 (c) is not worded as a break clause. Is this considered a fair term? I feel not but it may be perceived that because the agreement has been signed by all parties that it is considered acceptable.
Any thoughts or advice please?
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