If an assured shorthold tenancy contains a break clause exercisable by the landlord by notice, is it sufficient for the landlord simply to give the tenant notice under s 21 of the Housing Act 1988 which omits any reference to the contractual term?
A s 21 notice alone has the potential to rank as an effective notice under the break clause so long as all the requirements of the break clause are satisfied by it and so a careful consideration of what it provides for would be needed. If, for example, the break clause can only be exercised in the event of a specified contractual breach by the tenant then it may be that a bare s 21 notice will not be sufficient to perform the dual role. It should be noted that in relation to an assured shorthold tenancy granted on or after 1 October 2015 landlords cannot give a section 21 notice within the first four months of the term and they must follow up giving a section 21 notice with the commencement of a county court claim for possession within six months.
