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Notice to quit


Davey1900

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HOLA441

I’ve just been served a section 21 with an end date of 18th February. I’m currently in a fixed term with a break clause that allows the landlord to give notice, but rental day and start / end dates of the fixed term are 25th/24th. Did they get rid of the rule notice has to be minimum 2 months AND end on the day or day before rental day (I forget which)? Gov website mentions minimum 2 months but isn’t clear otherwise. I really don’t want to lose our home, but the landlord is adamant he wants to sell and doesn’t want sitting tenants.

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HOLA442

If it was before the end of the fixed term (with no break clause) then obviously that'd be a no-no without good cause, but if it's in the context of a break clause, I imagine it really depends on whether anything like that is specified in the wording of the break clause itself. I'm not saying that from any position of authority though, obviously (just speaking as someone who's had a few rental agreements with break clauses in their time).

If you've googled around then you've probably already seen this page but I don't know if https://england.shelter.org.uk/professional_resources/legal/renting/how_a_tenant_can_end_a_tenancy/using_break_clauses_to_end_fixed_term_tenancies has anything that's useful for you, e.g. in terms of what constitutes "fairness" etc.

Is the landlord really that keen to sell that you can't persuade him to give you that extra week? What's his rationale for not doing so? Obviously I understand someone wanting to sell sooner rather than later in a falling market, but putting it on the market with a tenant who's literally going to move out the next week hardly seems like a major inconvenience for him...

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