Section 21 and current AST

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    Section 21 and current AST

    Dear all,

    I have read about the likely changes regarding section 21. I have a tenant who has come to the end of fixed term AST. I did not renew as I want to gain possession in the next five months.It has now reverted to a month on month arrangement. I was going to issue a section 21 next month giving the tenant four months notice.Will I still be able to serve one even if the government abolish? and should the section 21 be abolished would one that has already been served still be relevant? or should I issue one immediately giving the tenant the obligatory two months notice?

    Hope someone can advise,

    Many thanks,


    I doubt this will come into effect in the next 6 months (or 12 months for that matter) even if it was top of the agenda. And it's probably unlikely to apply to existing tenancies anyway.


      The proposed consultation haven't started yet, then there will be a summary/review of the consultation responses, proposed legislation, then time it takes legislation to go through parliament which isn't exactly awash with free time at the moment. After legislation passes, it will need to be bought into force. For major changes, that's unlikely to be immediate. The Renting Homes (Wales) Act 2016 introducing a new type of tenancy in Wales are still not in force. Substantial changes to tenancy types in England also haven't tended to be retroactive. Tenancies consolidated under the Rent Act 1977 are still in place today.
      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.


        The changes to s21 will not have any effect on this tenancy (at least not for several years) - assuming anyone knows what they might be.

        The more notice you can give your tenant (and the more flexible you can be), the more likely that the tenant will be able to find somewhere else and move in your desired time frame.

        Section 21 notices expire 6 months after service, so your best bet is to talk to your tenant so you both know what's going on, because if the 4-month notice expires and the tenant doesn't move out, you'll have to go to court quite quickly after that.
        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).


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