we have tenants in a property with an ast signed in July 18 with a 12 month fixed term, we would like to ask them to leave. They pay the rent ok but the house is a tip though not particularly damaged and they are a pain. Can we serve a section 21 giving 2 months notice now, this will take us to when they have been there for 6 months or do we have to wait until the end of the fixed 12 month initial term? They signed the paperwork regarding the DPS and were given a copy of the epc however the gas certificate had not arrived when they moved in and I was told that the tenant doesn’t need a physical copy so they don’t have this. Can anyone advise please?
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You CAN serve it but it will be invalid.
Unless perhaps there is a break clause.....
You can of course serve s8: Have you, if not why not, please?
No GSC at outset MAY be a problem with s21. Tenant needs a copy. Whoever told you they didn't should not be trusted.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... -
You can't serve a s21 to expire before the end of the fixed term.
If the tenant wasn't given a copy of the gas certificate when they moved in, it's probably impossible to serve a s21 notice full stop.
A copy of the certificate should have been left in the property by the person carrying out the inspection, so check if that happened.
Whoever told you the tenant doesn't need a physical copy is a muppet.
You can always pay them to leave early.
You can't control your tenant's lifestyle, one person's tip is another person's "homely".
I don't know in what way they're a pain, but a tenant doing no damage and paying the rent ticks a lot of boxes.
Can I guess this used to be your home (or the home of a family member) and you're not used to letting it out?When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).Comment
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I didn’t think we could serve a section 8 as they are not in any arrears. We do think that her sister is staying there which they should inform us of according to the agreement but it’s hard to prove if she just stays now and then as a guest or is living there.
Looking back at the paperwork I may have given them the GSC but I’m not 100%, I was told this nugget of information from the homeserve gas engineer (at a previous address and certificate)! Muppets indeed! This one was done by British Gas and he did leave me a copy, I think I photocopied it and gave it them (hopefully)
It’s not a family home but we had just spent a lot of time and money putting in a new kitchen and carpets and decorating, all work we do ourselves. Then it’s treated like a tip and their attitude stinks too, a bit petty I suppose as they aren’t technically doing anything wrong, we just don’t mix and would prefer if they lived somewhere else.
When you say the the section 21 can’t end before the end of the fixed term, could you explain. Sorry, I’ve never asked anyone to leave before so it’s all new to me. I thought the section 21 expires in 4 months? So could we serve it at 8 months in, or given that it’s 2 months notice is it served at 10 months.
At the end of the 12 months we will be on holiday so wont be around to deal with it. We either need them to have moved and new tenants in before July or wait until September by which point they will be on a periodic tenancy. How does that change our right to serve notice?
many thanks for your helpComment
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It's always worrying when someone has started a new business without some of the basic understanding of how to operate it.
Nonetheless.
You can serve a section 8 for any of the grounds available (2 months rent owing is one of them). Only some of the grounds are mandatory (including the 2 months rent owing) and the rest are at the judge's discretion (and they don't like to evict people).
A s21 notice can't expire before the end of the fixed term. You have to give at least 2 month's notice and it can't expire until the tenancy is periodic. You can serve it any time after the first four months, but the notice will time out if not escalated to court six months after you serve it. So 10 months is probably optimum.
The important thing to consider is that your notice doesn't end the tenancy, and, if the tenants don't leave, you'll have to take them to court to get possession. If they do prove uncooperative, you will find it hard to get new tenants due to the uncertainty of when they can move in (and from the sound of it, you'd expect some remedial work).
Your rights to serve notice don't really change in a periodic tenancy.When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).Comment
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Why did you agree to min 12 month fixed term and not the min 6 months?
AFAIK s21 will expire after 6 months after Service (inc the 2 months required for it to be viable).Comment
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It's not whether you gave it to them that counts, its whether you can prove you gave it to them. A witness, a receipt signature etc.Originally posted by Juniper72 View PostComment
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