Fixed Tenancy coming to an end

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    Fixed Tenancy coming to an end

    Tenancy agreement started on 1/5/17 and will be ending on 30/4/18. I have given a letter at the beginning of Mar 18 to my tenants informing them that they need to vacate by 30/4/18. Later I found out that I need to issue S21 notice which I did in the middle of Mar with 2 months' notice ending 31/5/18. My questions are:
    a) Can S21 notice be issued on the day when the current EPC is obtained?
    a) Do I need to enter a contractual periodic tenancy agreement with the tenant when the fixed term ends?
    b) Is the S21 notice issued in mid March valid? If it is valid, does that mean I can proceed with the
    possession of my property at the end of May 18?
    c) If it is not valid, what should I do?

    A section 21 notice does not end a tenancy. It merely allows you, on its expiry, to bring a claim for possession in the court. The tenancy will only end (against the tenant wish here) on the award of an order for possession, and then that order being executed by county court bailiffs or High Court Enforcement Officers. They are the only people who can legally evict your tenant. Illegal eviction is a criminal offence. The average time from a claim being issued by a private landlord at court for possession (no fault section 21 or under a section 8 ground) and actual eviction is approximately 22 weeks nationally in England and Wales.

    The tenant does not have to leave at the end of the fixed term. If they choose to stay beyond that, then you are deemed by law to have granted them a periodic tenancy on the same terms as the fixed term tenancy. The period of the tenancy is based on how often rent was being paid when the fixed term tenancy ended. It is legally impossible for you to prevent such a statutory periodic tenancy from arising if your tenant choose to stay. The decision is entirely up to them.

    There are a number of different requirement you need to have met, otherwise any attempted section 21 notice would be invalid. This Wikipedia article gives more details.
    Last edited by KTC; 08-04-2018, 21:57 PM. Reason: Possession timeline: 22 weeks for PRS, 40+ including social
    I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

    I do not answer questions through private messages which should be posted publicly on the forum.


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