header-logo header-logo

03 June 2016
Issue: 7701 / Categories: Case law , Judicial line , In Court
printer mail-detail

Unwelcome x 2

If an assured shorthold tenancy contains a break clause exercisable by the landlord by notice, is it sufficient for the landlord simply to give the tenant notice under s 21 of the Housing Act 1988 which omits any reference to the contractual term?

A s 21 notice alone has the potential to rank as an effective notice under the break clause so long as all the requirements of the break clause are satisfied by it and so a careful consideration of what it provides for would be needed. If, for example, the break clause can only be exercised in the event of a specified contractual breach by the tenant then it may be that a bare s 21 notice will not be sufficient to perform the dual role. It should be noted that in relation to an assured shorthold tenancy granted on or after 1 October 2015 landlords cannot give a section 21 notice within the first four months of the term and they must follow up giving a section 21 notice with the commencement

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
back-to-top-scroll