Section 21 on a 12 month fixed tenancy

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    Section 21 on a 12 month fixed tenancy

    Help/advice needed, please :

    I have tenants with a 12 month AST started in January 2020 and I wish to issue a Section 21 notice requiring possession of the property.
    I understand that I currently have to give them 6 months notice but my question is: Can I serve it now?

    I am aware that there are time periods where you can't serve notice (during the first four months of the tenancy) but am I right in thinking, that because the tenancy is now over 7 full months and the "6 months notice" will then expire after the end of their AST fixed term. that I can serve it today?

    Thank you

    #2
    Yes you can.

    It will expire if you don't commence legal proceedings 10 months after service.
    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


      #3
      Thank you so much for your reply
      Can I ask where you obtained your knowledge/information from, as the property is fully managed & my management agent is suggesting otherwise? They have informed me that I have to wait until 10 months have passed and they will issue it then? Sounds incorrect to me ...

      Comment


        #4
        It is incorrect.
        If you were serving notice in normal times, where there is two month's notice required and you have six months to escalate the issue to court, waiting until month 10 might be prudent.
        Although 2 month's notice isn't much for the tenant to be able to sort out somewhere else to live.

        But with six month's notice and a 10 month expiry, that doesn't really have any relevance.
        Although given the date, it's not really that much difference either way.

        My knowledge?
        When my parents were shot by a tenant, I travelled the world, seeking knowledge, and in Tibet, I was trained by an ancient landlord, who passed on his arcane knowledge and sacred texts....

        Nah,
        It's s21 of the Housing Act 1988.
        Starts here - https://www.legislation.gov.uk/ukpga/1988/50/section/21
        There's the four month restriction you're aware of, but there's nothing to stop you issuing the notice now (other than the expiry issue).
        I'd ask your agent why they think you have to wait until two months before the end of the fixed term, what law says so or why are they recommending that?


        Ideally, unless you've fallen out, you might want to tell your tenants less formally first.
        Starting the communication with a formal notice tends to upset the recipient.
        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
          Thank you, my Tibetian traveller.
          Alas, we have unfortunately fallen out, with communication at an all-time low due to lots of damage to the property! I shall check out your link and have a chat with our agent... thank you once again.

          Comment


            #6
            Originally posted by yodel 2020 View Post
            They have informed me that I have to wait until 10 months have passed and they will issue it then? Sounds incorrect to me ...
            I concur with jpkeates. You can issue it now, and with the 6-months notice it is prudent to issue it now.

            Even in "normal" times you would not have to wait until month 10. You could issue it any time after the first day of month 7, but with having to start proceedings within 6 months of issue such early service would leave only one or two days in which to issue proceedings, so for practicability serve no earlier than day 8 of month 7.

            If your agent does not believe this, then ask them to post on this thread explaining their reasons and engaging with the discussion (whichever of us is wrong would learn something).

            Comment


              #7
              jpk correct (as usual). Your agent appears to be an example supporting the current consequences of the requirements to be a letting agent requiring no training, no qualifications, nor any criminal records check.

              Any one of us here could set you online and be trading within 2 hours. Bonkers but true.

              Issue s21 TODAY!

              But as I'm sure you will be aware an s21, even if valid (many are not..) does not end a tenancy nor compel a tenant to leave. Make no firm plans, especially with this bunch of clowns pretending to be in charge.
              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

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