Break Clause - is this valid?

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C
Colin_309
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Hi!

I have tenants who are 7 months into a one year AST. The agreement says one year " the term is for a period of 12 months..."

there is a Landlord's break clause "the landlord may bring the tenancy to an end at any time before the expiry of the fixed term ( but not within six months of the commencement date) by giving the tenant at least two months written Notice stating that the landlord required possession of the property. A Notice under section 21 of the housing Act will suffice to implement this sub-clause"

They are overdue rent , not two months worth yet, but heading that way. Can I expect a mandatory possession if I serve the Notice correctly now( effectively because the tenancy if finished as a result of the Notice and break clause) or should I wait until twelve months is up, or two months overdue rent, before serving.

Any help and advie appreciated.

Colin

28/10/2008 00:00

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