Extended AST and Correct Section 21 Notice
I have joint tenants who signed a 12 month AST on 1st May 2006. There is a 6 month break clause in the agreement.
The agreement was extended by 12 months under cover of letter from the letting agent. No new agreement was issued bt the tenants signed the renewal letter.
One of the tenants has left and the remaining tenant is unable to pay the rent and is approx 3 months behind, despite receiving some Housing Benefit.
My agent issued a Section 21 notice that expired on the 17th April (I asked an earlier question regarding this). The 17th April was within the extended 12 month period and did not coincide with the end of a rental period.
The 12 month extension expired 30th April 2008 but is the Section 21 notice valid given that the original AST was for 12 months ending 30th April 2007 and there was a 6 month break clause that had passed in October 2006?
Does the extension letter mean that we basically started all over again? In this case would the 6 month brak clause start again but ending in October 2007?
If the tenancy agreement is still valid, the way I see it is that the Section 21 notice issued is ok as the 6 month break clause period has expired.
Appreciate your urgent response. If I need to issue a new Section 21 I need to do it before the end of this month, ie the next few days.