Want to sell, what notice to tenant?

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    Want to sell, what notice to tenant?

    I have a rental property with a tenant who moved in on the 16th December 2019.

    The tenancy was 6 months and it expires on the 16th of this month, I made it clear at the time of the rental that it would only be for 6 months as I intended to sell in the summer.

    Im keen to sell the property without the tenant present, so I guess I want to know what is the best approach to take legally and the duration of notice I should serve if even possible at the minute.

    I haven't approached the tenant yet as I believe I couldn't do anything until after the 25th June.

    #2
    Probably best to phone text or email the tenant asking what their plans are whether they are intending to move out or not and remind them that it’s been six months which is how long you told them the tenancy would be.
    Obviously they don’t have to move out just because you said it would be six months but at least you can get an idea of what their intentions are and then make plans to get the house back if they don’t plan on leaving.

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      #3
      Am I in any position to ask people to move under the current conditions in place?

      Comment


        #4
        First of all, you should talk to the tenant and remind them that they had agreed to a short lease.

        If the tenant doesn't want to leave, you will have to serve notice (which is currently a minimum of three months).
        If the tenant still doesn't move (and they don't have to), you will have to escalate the matter to court - which are currently closed until the end of August (and that may be extended).
        That will take several months (it normally takes 5-9 months and there has been a 5 month hiatus due to coronavirus, so the time scale will be way worse than that).

        You should hope your discussions with your tenant are favourable.
        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


          #5
          Originally posted by Craig1978 View Post
          Am I in any position to ask people to move under the current conditions in place?
          Yes - you can ask.
          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


            #6
            Thankyou for the responses,

            So even though the tenancy is about to expire I still have to give 3 months notice to get the property back?

            I obviously wasn't expecting to ask for the property back on the 16th, but didn't think I had to give 3 months notice when the tenancy was ending.

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              #7
              I believe you do have to give 3 months even though the 6 months tenancy is ending but I am not experienced enough to confirm that.
              If your tenants resist leaving then I would be surprised if you get the house back in time to be able to sell it in the summer what with the backlog the courts will have. If the tenants are paying at the moment and you are not desperate to sell then it may be worth considering waiting until the 3 months notice law is relaxed before asking them to leave because if they stop paying now then you could find yourself having to go quite sometime without receiving any rental income whilst they continue living there rent free the whole time.

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                #8
                I think the notice has to be given by S21 to be valid as well, so just you writing a letter giving three months notice will not be sufficient, but hopefully somebody else will come along soon to give more definitive advice on that.

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                  #9
                  What ever you have agreed; on the day after the fixed term ends the tenancy becomes periodic and the tenant is protected and does not have to move out. You will need to serve a section 21 notice which has to be 3 months and timed correctly, then ultimately go to court for possession . The ban on evictions was extended to August 23rd only this evening and there is going to be a massive backlog so if you have to go through the courts to get your property back expect a long wait!!!

                  Comment


                    #10
                    Originally posted by Craig1978 View Post
                    I obviously wasn't expecting to ask for the property back on the 16th, but didn't think I had to give 3 months notice when the tenancy was ending.
                    When the tenancy ends, if the tenant is still in possession, a new periodic tenancy begins automatically.
                    It's possible the tenant won't know this either, but that's what will happen (unless the rent is peanuts or more than 100,000 per annum).

                    You have to give a minimum of three month's notice (it's normally two, but there's a plague and the government doesn't want people to be homeless).
                    Your notice (unlike a tenant's) doesn't end the tenancy either.
                    You'd have to escalate the matter to a court (who haven't existed since April and won't resume until the end of August - so imagine the backlog of cases) and they would make out an order for possession.
                    Which is then executed by bailiffs (who also have stopped working since April and won't resume until August - more backlog.

                    So you want to be having some sensible conversations with your (hopefully) co-operative tenant.

                    For the avoidance of doubt, unless your tenant plans to move out on or before the 15th (not the 16th) of June, yes you'll have to serve notice to start the possession process and that notice will have to be a s21 notice in a prescribed format (form 6a) and all of the pre-conditions of a s21 have to have been met - there is a good checklist if you google "nearly legal section 21 checklist).

                    Talking to your tenant is essential and the conversation should have begun a long time ago.
                    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


                      #11
                      "Talking to your tenant is essential and the conversation should have begun a long time ago."

                      I didn't do my research, my mistake as I was under the impression that I couldn't ask anyone to move out under the current law.

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                        #12
                        Does anybody know if my s21 (exp 14th July) still valid if it was served when the tenancy was an AST but becomes statutory periodic at the end of June. Do I need to serve another S21 since the ban on evictions has been extended ? Sorry if I am not very clear as I am getting confused now.

                        Comment


                          #13
                          Originally posted by Perce View Post
                          Does anybody know if ...
                          If you have questions, then start your own thread; do not hijack others.

                          But the answer to your question is "yes".

                          Comment

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