Terminating AST agreement

Rent Arrears

Hello all

Please could you assist me with the following:

I have a 12 months AST, on the 20th November it will be 12 months.

My tenant has been in arrears for two months (in that the rent has not been paid in full), I have discussed the situation with the tenant and they have advised me that they are looking to obtain help from the Council so the tenant is willing to end the contract.

I would like to know what my options are in terms of:

1. signing a 'Declaration of surrender of tenancy'; or

2. can I serve them a notice, not sure which kind would apply here (I understand that it would not be section 21 as it is still within the 12 month fixed term) given that the tenant has not paid rent in full for two months and this month will be three months.

Thank you