NTQ during fixed term?

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  • NTQ during fixed term?

    Hi,
    Can a LL issue a valid NTQ during the six-month fixed term of an AST agreement?
    (A residential let in England.)
    VPL.

  • #2
    A section 21 cannot be issued within the first four months and must give two months notice. It would therefore expire with the tenancy.

    I doubt there will be a break clause in a 6 month tenancy but worth checking.

    Section 8 may be used if AST allows and there has been breaches in tenancy that landlord is confident a judge would evict on

    Comment


    • #3
      So, an S21 issued within months 4-6 is permitted and ends 2 months from the date of issue?
      There is no break clause, nor any tenancy breach.

      Comment


      • #4
        (For ASTs..) NTQ will have no effect.

        s21 can't be used: It is not an NTQ

        s8 can be used - subject to some grounds being valid (eg not 5 monthly rent or 4-weekly rent) & some being declared usable in the tenancy.

        Are you tenant, agent, landlord, solicitor, student?

        What is it you wish to achieve? Which country are you in?
        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

        Comment


        • #5
          Why can a section 21 not be used artful? I think the OP is just asking if landlord can serve notice.

          It is my belief that a section 21 can only not be issued after the first four months. There is no reason why it can't be served in month 4 or 5 and provide 2 months notice. This is exactly how a landlord would begin the process of ending the tenancy.

          Comment


          • #6
            OP states it is a 6 month tenancy

            Comment


            • #7
              Apologies, Wright76 is of course correct
              I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

              Comment


              • #8
                Wright76 stated:
                "It is my belief that a section 21 can only not be issued after the first four months."
                Did you mean "It is my belief that a section 21 can only not be issued before the first four months."?

                I'd hoped there would be a minimum of 2 months grace after the supposedly safe 6 month fixed period, but it seems not.

                Thanks for all your replies.

                Comment


                • #9
                  Sorry I'm adding to the confusion with my bad typing! You are free to issue a section 21 AFTER the first four months. Two months notice is required.

                  Comment


                  • #10
                    And after the fixed term don't forget s(5)(1) ends...
                    http://www.legislation.gov.uk/ukpga/1988/50/section/5
                    ....and, accordingly, the service by the landlord of a notice to quit is of no effect in relation to a periodic assured tenancy.
                    (Any AST is but a special form of AT)
                    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                    Comment


                    • #11
                      OK, thanks.
                      As an aside, is the tenant at liberty to end the tenancy by the last day of the 6 month fixed period, without further liability or notice required?
                      (The AST agreement doesn't refer to any notice required vis-a-vis the fixed term.)
                      Or, has the issuing of the s21 notice for possession modified this?

                      Comment


                      • #12
                        The T can legally vacate, without Notice only on last day of fixed term only.
                        Prior s21 does not alter that since s21 cannot expire before then and it is not a NTQ, only a Notice allowing LL to seek Court Repo after expiry, so T is still required to serve due Notice, even if a s21 has been served.

                        Comment


                        • #13
                          mariner - much obliged.

                          Comment


                          • #14
                            If he overststays even by a day he will then be within a periodic tenancy.

                            If you have issued the section 21 he can leave without notice as a result of that section 21, and new guidance indicates you must apportion the rent to the days he was in tenancy.

                            Comment


                            • #15
                              Sounds like you are the tenant if you were hoping for a period of 2 months after the 6 months. So the landlord can issue section 21 but that only means he can then apply to the court for an eviction notice, you can stay until a court orders you to go. However you then risk court courts and a bad future reference.

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