S21 Abolition Query

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    S21 Abolition Query

    Hi,

    Now that it looks like that S21 will be abolished, can anyone hazard a guess what will happen to S21 notices that were issued before the abolition but have not yet been completed?

    I have tenants who are 12 months through a 24-month contract. I would like to serve a S21 to them now with a date in a year's time - at the end of their current AST.
    I am just unclear as to what would happen under those circumstances.

    #2
    Originally posted by Sol_1969 View Post
    I would like to serve a S21 to them now with a date in a year's time - at the end of their current AST..
    That won't work because a S21 expires 6 months after it is served.

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      #3
      Why on earth would you even want to do that (setting aside that it wouldn't work)?
      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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        #4
        If you are in any way concerned (why else would you issue S21 anyway?) why on earth did you give them a 24 month contract?

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          #5
          I think some landlord training is needed here.

          Comment


            #6
            Until we see the actual legislation to be enacted to replace s21 we won't know.

            We could talk about how Scotland handled abolition of the equivalent, but am confident England will do it differently (mainly due to NIH )

            Who wanted 24 months and why or watch why? Do I guess agent correctly?
            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...

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              #7
              Thank you for your responses, a bit of explanation. I bought the house with the tenants in situ and it was part of the agreement on purchase that they get a 24-month contract. They are paying well below the market rate for the area. I want to put the rent up at the end of the 24-month period. But this couple are the world's biggest moaners. They will fight tooth and nail against a rent increase at the end of their AST. I thought the issuing of a S21 would give me a bit of lee way. I appreciate the comments about the S21 6-month time limit, I had overlooked that.

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                #8
                How will the tenants fight tooth and nail against a rent increase? Either the tenancy agreement says how and when the rent can be increased in the tenancy agreement or once the tenancy becomes periodic you can use a Section 13 notice. The former the tenants have already agreed to so there's nothing to fight and with the latter they would need to take you to a tribunal but as long as your rent increase is in line with the local market the tenants won't be successful.

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                  #9
                  Many thanks for taking the time to respond. I will follow your advice, let the tenancy become periodic and then serve a S13 notice with the rental increase. I will - out of politeness - give them notice beforehand so that the S13 does not come as a surprise.

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