Landlord Query of The Week: Can A Landlord Terminate During A Fixed Term Tenancy?

Question:

I let my property on a 12-month fixed term contract on the 1st June 2019. My personal situation has changed since letting of the property Ending A fixed Term Tenancyand I now need the property back for my own use?  Can I terminate this tenancy now (with valid notice) as it is within the first 6 months of the letting or can I terminate the tenancy now (with valid notice) as I require the property for my own use?

Response:
Whether you can terminate within the first 6 months of the letting or immediately (with  a valid notice period) for requiring the property for your own use is dependent on your lease agreement and the detail contained within.

A fixed term tenancy is an agreement that covers a specific period, this will be set down in your tenancy agreement, in your case and from the information provided above the fixed term is 12 months. A landlord cannot end a fixed term tenancy before the end of the fixed term unless:

– The tenant has breached one or more of the conditions of the lease agreement.
Or
– You are exercising a break clause that allows you to terminate within the first 6 months or that allows you to terminate under section 34 of the Residential Tenancies Act.

In the first instance, you will need to double check your lease agreement to establish if you have a break clause (described above) in place. If this is in place you can service a termination notice (giving valid notice periods).

Only one termination notice can stand so you can either terminate as you are within the first 6 months or the letting or terminate under one of the valid grounds for terminating – that you require the property for your own use. Please ensure that you use the correct termination notices – click here.

If you do not have a break clause (described above) in place, you are required to wait until the end of the fixed term to terminate the tenancy. After this date you can serve notice on the grounds of requiring the property for your own use.

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Categories: Landlord Query of the Week.