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Section 21 at break clause, HELP !

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166 views 1 replies latest reply: 20 January 2017
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Tenant

Hi, new to here. We have a 24 month tenancy started 29/1/16 with a break clause stating ‘EITHER LANDLORD OR TENANTS TO RENEW OR GIVE NOTICE OF TENANCY 2 MONTHS PRIOR TO 12 MONTH PERIOD ENDS’

After us rejecting a typed letter giving us notice on 23/11/16, we received a section 21 notice from a solicitor dated 6/12/16. 

In my mind this is not valid as the 12 months had passed, we have also still not received the leaflet HOW TO RENT : THE CHECKLIST FOR RENTING IN ENGLAND and we had to ask for a valid gas safety certificate as ours had expired six months previous (dangerous surely)

can anyone tell me if this section 21 is valid ???

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Tenant

Hello, 

Let me first off start by saying that Section 21 and a break clause are two entirely separate procedures. 

After the latest regulation (The Deregulation Act 2015), the government added more restrictions to using Section 21. The final mix is the following – a landlord cannot use a Section 21 notice if:

  • The s21 notice expires during the fixed term of the tenancy;
  • The landlord has not served a valid gas safety certificate;
  • The landlord has not protected the deposit, using the right procedure and has not served prescribed information;
  • The landlord has not provided the tenant with a a copy of the EPC;
  • The landlord has not provided the tenant with the Government’s guide “How to rent”;
  • The tenant has reported a malfunction or repair issue in the property / The council has served an improvement notice to the landlord;

Provided that your fixed term is for both years, the landlord is in breach of 2 rules that make the notice invalid. If your current gas safety certificate is valid, then the landlord does not breach this rule, even though has done so previously. The rule that requires a break clause to be used during the first 12 months is also not applicable to using a S21, which can be served at any time, but there are rules to when it can end. 

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