I'm trying to get possession of my property back from a (bad) tenant by serving him with a section 21 notice. The letting agent says I can do this, before the end of the (12 month) tenancy, because there is a break clause in the tenancy agreement. My concern is that the break clause seems inconsistent, and I'm not sure if it can actually be used as intended. This is what it says:
- 5 Break Clause
- 5.1 This agreement creates a single tenancy that starts with a fixed element and then becomes periodic. This would normally guarantee both parties the rights and obligations for the fixed term and a minimum of one period. The following two clauses allow either party to terminate the agreement earlier than that date, but not before the end of the fixed term (the date quoted in 1.6.1 as “to and including (date)”).
- 5.2 The Landlord may bring the tenancy to an end any time after the first 6 months by giving to the Tenant at least two months’ written notice stating that the Landlord requires possession of the Property. A notice under section 21 of the Housing Act 1988 will suffice to implement this sub-clause.
- 5.3 The Tenant may bring the tenancy to an end any time after the first 6 months ...
It seems that 2.5.1 above allows either party to terminate earlier than "that date" (which, I assume, is the end of the Fixed Term), but "not before the end of the fixed term", which seems inconsistent, and therefore unenforceable under 2.5.2?
Do you think I can terminate the tenancy early under 2.5.2, or am I stuck? Thanks.
Want to read more?
This is a members only forum, if you want to read more you need to login to your membership, if you are not a member, click here to join.