Section 21 issuing to evict tenants

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    Section 21 issuing to evict tenants

    I want to issue section 21 to my tenants to get my property back in January or February next year. My problem is that I am about to let a new tenant into the property, and I can't issue a section 21 in the first 4 months of a shorthold tenancy. I have another tenant who is 3 months into their tenancy so I can issue them the notice at the 4 month mark in the middle of next month. The other tenant is on a rolling contract having finished his shorthold tenancy nearly a year ago, so I don't see any problem with issung them a section 21 at any point. I have read that the contract can have a clause in it that says that the tenant agrees that the 4 month period is not necessary. Is this true? In this case I could effectively give the contract and the section 21 simultaneously. Help gratefully accepted

    #2
    The tenant cannot contract out of their statutory rights, so no, you should not seek to agree with the tenant to issue the s21 notice simultaneously as it would be invalid. Surely it would be better not to seek a new tenant at this stage?

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      #3
      It says this on the gov.uk website
      "you cannot use a Section 21 notice if any of the following apply:
      • it’s less than 4 months since the tenancy started, or the fixed term has not ended, unless there’s a clause in the contract which allows you to do this"
      This suggests that you can add something to the contract to overrule this right

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        #4
        so dont rent to someone new if you want the property back during their ast term. did you inform the new tenant that they will be getting a short term let and you want them to leave at the end of it ?
        any unfair clauses you add to remove a tenants basic rights/break housing law are unenforceable

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          #5
          Cutting the timing so close is fine ..... if they move out ! I would not take the chance, keep it empty, if they decided not to move then your plans will be up in the air.

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            #6
            Originally posted by Langanby View Post
            It says this on the gov.uk website
            "you cannot use a Section 21 notice if any of the following apply:
            • it’s less than 4 months since the tenancy started, or the fixed term has not ended, unless there’s a clause in the contract which allows you to do this"
            This suggests that you can add something to the contract to overrule this right
            There's no possible way to override the 4 month rule.
            The part after the second comma relates to the fixed term rule only.

            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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              #7
              Originally posted by Langanby View Post
              My problem is that I am about to let a new tenant into the property
              I dont understand what you mean by this? Is the new tenant going into a different part of the property? If not how are you letting a new tenant join an existing tenancy?

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