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Hi all,

We have recently had a tenant move in on a six month short hold lease contract with three month break clause. Unfortunately she doesn’t get along with my other two long term tenants - I know to give her a months notice after the three months in order to evict her (stated in contract) but what reasoning can I say, any ideas? Will it be difficult to evict her with the months notice... thank you.

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My understanding is

* A rental contract can be for any length.

* The minimum term for an AST is 6 months.

* You cannot evict someone unless by mutual agreement before 6 months have elapsed.

* I've never heard of a 6 month AST with a 3 month break clause......it's non enforceable.

* Evictions in England are currently banned during the pandemic.....so if tenant doesn't want to go,  you are stuck with them.

Someone who knows more than me will be along shortly.

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An Ast can be any length (unless the law has changed recently) 

The earliest a s21 notice can be served is 4 months and 1 day, only if the AST was no more that 6 month long and it is the first tenancy not a renewal.

You can still put the wheels in motion to evict but at present (the last time i looked) it is for England 6 months notice for a s21 and for a s8 using grounds 8,10,11 (arrears)  the notice period is 6 months if less than 6 months rent owed. If the arrears are over 6 month only 4 weeks notice required.

So once the notice period on which ever notice used has expired you can apply to the court for a eviction hearing and they re-opened in sept 2020 and the eviction ban is to be lifted on 21.02.21 

New regulations allow a bailiff to attend if the amount of rent arrears is six months or more and possession was obtained on rent arrears grounds and the temporary respite on bailiffs enforcing possession orders ends today January 11, 2021 unless the government extends the ban.

Best to use a specialist solicitor if serving notice or starting court proceedings in the present climate.

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