If the landlord does not comply with section 31(1) or (2) (duty to provide written statement of contract), the landlord may not give notice under a landlord’s break clause before the end of the restricted period.

The restricted period is six months starting with the day on which the landlord gives a written statement of the contract to the contract-holder.

The landlord may not give notice under a landlord’s break clause at any time when the landlord has not provided a notice required under section 39 (duty to provide information).

This section is a fundamental provision which is incorporated as a term of all fixed term standard contracts with a landlord’s break clause.