Adding A Break Clause In Tenancy Agreement

It should be noted that if an insured shorthold tenant activates a pause clause and does not leave after the notice period has expired, the landlord is not required to apply for a court order for possession. However, if a tenant is a basic tenant or a flexible tenant (a form of temporary secure tenancy agreement) that activates a pause clause, the landlord needs a court order if the tenant does not leave. This is because section 3 of the Protection from Eviction Act 1977 only requires a lessor to apply for a court order after the end of a rental agreement and the tenant to continue to reside where the lease is “neither a statutory lease nor an excluded rental agreement”. The definition of a “legally protected lease” includes a secure, regulated short-term lease, but not a secure or flexible lease (or a tenant with basic protection). For example, a 12-month contract would have an interruption clause on the six-month date, allowing the tenant or lessor to terminate the AST after six months instead of 12 months. A 24-month contract would have an interruption clause after 12 months. This is sometimes referred to as the exercise or activation of the termination clause…

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