Please does anyone know anything about housing law? I have been told something by a letting agent about an assured shorthold tenancy (AST) which I am not sure is quite right. Some of what I will write will definitely be wrong and I would be very grateful if someone would correct these errors.
I have been told that with an AST a section 8 notice is only used for eviction for rent arrears and section 21 is used in every other circumstance e.g. seeking eviction for antisocial behaviour, significant breach of obligations under the AST etc.
I have been told that I MUST HAVE A BREAK CLAUSE in the AST in order to entertain a section 21 notice. So I would have to allow the tenant to have the right to a break clause at say six months (ie they can leave just because they fancy leaving) in order to give me any right to evict the tenant for breach of the AST. This is the first time I’ve ever heard this and it doesn’t sound right. If I need the break clause then it would follow that if, for example, the tenant significantly breached the AST say at 3 months but I had to have a break clause, as it would not have kicked in in the above example until 6 months it would still be of no use until 6 months?
I had thought that an adequate AST always gave the landlord the right to terminate the AST for significant breach of lease. Obviously nothing is certain if you have to go to the courts. Maybe I have misunderstood how this works but until now I have never heard of a link between terminating an AST for significant breach of lease and break clauses. Really hope that someone can shed some light on this. Thanks very much.