Termination of AST

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Dear Helpdesk
I have an LHA tenant on an AST which started 24/11/11. I want to give notice to them to vacate the property, ideally to move out end of January 2012. Below are the relevant clauses in the AST. My questions are:

1) Can I give 60 notice to terminate the AST on 23/11/12? And if I do, should I complete a Section 21 notice at the same time?
2) Section 21 notice - what dates should be included in this?
3) If I delay giving notice, say until 31/12/12, would that mean the 60 days would run from that date? And again what dates should be used in the Section 21 Notice.

AST:
Clause 2. You will have the property and the furniture (if any) for 12 months from 24th November 2011 to 12 noon on 23rd November 2012. If, at the end of this time, you want to continue the tenancy and you have not already received from us two months’ notice to end the tenancy, it will carry on from month to month as a monthly contractual tenancy. You must give one month’s notice to end it. This notice must end on a rent payment day.
Clause 3. This agreement is an assured shorthold tenancy (as defined in section 19A of the Housing Act 1988). The arrangements in section 21 of the Housing Act 1988 for the landlord to repossess the property apply to this agreement. This means that you cannot claim any legal rights to stay on once the tenancy has ended and a court order says you must leave. The landlord giving a section 21 notice must give at least two months’ notice, in writing. For more information, you should consult a housing advice centre, solicitor or citizens’ advice bureau who will tell you what this means.

Many thanks.
Paulene

19/11/2012 00:00

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