6 month notice question

[langdon]

I have recently learnt the new requirement for a 6 months notice for S21. Given there are 5 months remaining on the fixed term contract, a S21 served now would take it beyond the end of the tenancy.
1) Is this still valid and
2) What happens between the period where the tenancy ends and the S21 notice begins? Do the terms of the current tenancy continue to apply or is the AST automatically considered renewed for another 1 year?

[jpkeates]

1 - yes, but the s21 notice will expire 10 months after service if you don't proceed to court.
2 - Unless the tenancy agreement lays out what happens when the initial term ends, the tenancy is automatically replaced by a new periodic tenancy which has the same terms (other than anything relating to the tenancy ending or notice being served). It doesn't automatically renew for a further year.

As the notice has limited effect, what are you trying to achieve?

[langdon]

Thank you for coming back on this.
I want to regain possession of the property in order to sell it.

Why do you say the notice has limited effect?

[theartfullodger]

An s21 (or s8) notice does not end tenancy nor compel tenant to leave. Only bailiffs/HCEO and court can do that.

Estimates currently are that timescales probably 12-18 months if paperwork perfect - unless tenant decided just to go.

Check your paperwork ok , Google "nearly legal section 21" for checklist

[jpkeates]

Why do you say the notice has limited effect?

If you want to get your property back to sell it, the sensible thing to do is to start discussing the issue with your tenants.
This is their home and they're likely to wish to keep the disruption and stress in their lives to a minimum.

Starting the process by giving someone a formal notice to quit isn't usually the most constructive way to move things forward successfully.

And, faced with a tenant reluctant to move, the notice essentially only allows you to escalate matters to a court to enforce it - which, as noted, is likely to take a lot of time.

[langdon]

Thanks for the feedback. I have reviewed the checklist for section 21 and indeed things look a lot more complicated so this will take some time for me to ensure all is in order. In the meantime, I have asked the lettings agent to approach the tenant in a friendly way to make them aware of the situation in case there is an amicable way forward.