Q&As

Where there is a three-year fixed term tenancy, and the tenancy agreement contains special provisions whereby the tenancy agreement may be terminated after one year, is service of a section 21 notice under the Housing Act 1988 after the initial year sufficient to terminate the tenancy, or does there have to be formal notification that the tenancy is being ended prior to expiry of the fixed term (even though this in accordance with the agreement)? In respect of the calculating the required notice, if six months’ notice is given on 20 October (by hand), does that notice expire on 20 April the following year, or would it be 21 April?

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Published on LexisPSL on 05/05/2021

The following Property Disputes Q&A provides comprehensive and up to date legal information covering:

  • Where there is a three-year fixed term tenancy, and the tenancy agreement contains special provisions whereby the tenancy agreement may be terminated after one year, is service of a section 21 notice under the Housing Act 1988 after the initial year sufficient to terminate the tenancy, or does there have to be formal notification that the tenancy is being ended prior to expiry of the fixed term (even though this in accordance with the agreement)? In respect of the calculating the required notice, if six months’ notice is given on 20 October (by hand), does that notice expire on 20 April the following year, or would it be 21 April?

Where there is a three-year fixed term tenancy, and the tenancy agreement contains special provisions whereby the tenancy agreement may be terminated after one year, is service of a section 21 notice under the Housing Act 1988 after the initial year sufficient to terminate the tenancy, or does there have to be formal notification that the tenancy is being ended prior to expiry of the fixed term (even though this in accordance with the agreement)? In respect of the calculating the required notice, if six months’ notice is given on 20 October (by hand), does that notice expire on 20 April the following year, or would it be 21 April?

Exactly how the contractual tenancy is terminated after one year will depend on the terms of the tenancy agreement. A break option usually requires notice to be given to the tenant of the landlord’s intention to break the tenancy and they usually

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