Ending tenancy at end of fixed term AST

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Ending tenancy at end of fixed term AST

    I am LL and have a AST which is due to end at end of September and was planning to renew after consulting with tenants who were wanting to do so. However I have recently received a number of complaints about them concerning noise and anti-social behavour. On this basis I am now not happy to renew their contract and would like to give notice to them.

    My questions are:
    1. Should I just serve a notice under section 21? If so, is it still two months notice or could I end the contract early? What would my position be in terms of getting rent if I have to give 2 months notice as this would be after the end of the tenancy agreement?

    2. Should I serve Section 8 for breach of contract (this would be based on complaints from freeholders and their tenants)?

    Are there any other options?

    I think ideally I would give them until the end of October so that they have some time to leave/arrange alternative accomodation but would like to ensure that I am in a better position should they not want to leave?

    Any advice would be gratefully received
    Thanks

    #2
    Originally posted by cuffley View Post
    I am LL and have a AST which is due to end at end of September and was planning to renew after consulting with tenants who were wanting to do so. However I have recently received a number of complaints about them concerning noise and anti-social behavour. On this basis I am now not happy to renew their contract and would like to give notice to them.

    My questions are:
    1. Should I just serve a notice under section 21? If so, is it still two months notice or could I end the contract early? What would my position be in terms of getting rent if I have to give 2 months notice as this would be after the end of the tenancy agreement?

    2. Should I serve Section 8 for breach of contract (this would be based on complaints from freeholders and their tenants)?

    Are there any other options?

    I think ideally I would give them until the end of October so that they have some time to leave/arrange alternative accomodation but would like to ensure that I am in a better position should they not want to leave?

    Any advice would be gratefully received
    Thanks
    Unless you have already served a section 21 notice you cannot insist they move out at end of October. They need at least two months' notice to co-incide a rent due day.
    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

    Comment


      #3
      Originally posted by mind the gap View Post
      They need at least two months' notice to co-incide a rent due day.
      Not quite. If Notice is served DURING fixed term, it's under s.21(1)(b) and the Notice period is simply two months from date of service.
      The rent dates and periods are IRRELEVANT in such case.
      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
      4. *- Contact info: click on my name (blue-highlight link).

      Comment


        #4
        I stand corrected - thanks
        'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

        Comment


          #5
          Thanks very much for your help - that has clarified it for me.

          Comment

          Latest Activity

          Collapse

          • 5th month, no repairs made, hopeless EA, refusal to provide LL details..
            by Orangepedal
            Hi all,

            since my last thread, we have had no progress with repairs at the property we rent.

            rent will be due in a few days, which I am obviously ready to pay.

            in a nutshell, we took tenancy last October, reported faults upon moving in.. including water ingress,...
            21-01-2022, 14:59 PM
          • Reply to Greetings, I Come in Peace
            by royw
            Really? I've been using it for a long time, ever since the EA tenant find service got me the tenant from hell. You do need to check them out throughly though and if you have a bad gut feeling about them choose someone else. The chance to do some digging in the guise of a friendly conversation when they...
            21-01-2022, 14:14 PM
          • Greetings, I Come in Peace
            by AVJ113
            Hello all, I am a prospective landlord. I will be arranging my first mortgage in principle today as a start to my evil buy-to-let empire. As a total newb, what would be the one piece of advice you would give after your years of experience as a landlord?
            20-01-2022, 07:24 AM
          • Reply to Greetings, I Come in Peace
            by Luke
            I have advertised there and it mainly seems to be people who Estate Agents want nothing to do with , unsuitable people trying their luck , dishonest people and people deliberately being fraudulent .
            Its the place where scammers go to find naïve new landlords .
            I recently had a prospective...
            21-01-2022, 14:00 PM
          • Reply to Auction or try to sell in an estate agent
            by Flashback1966
            Auction houses will set their reserve lower. I don't know if you need to declare to auction houses potential problems. You could always put in with an estate agents and then declare the problem. May be someone desperate to get on the housing ladder will put up with the problem.

            You will...
            21-01-2022, 13:57 PM
          • Auction or try to sell in an estate agent
            by Prospero
            During the last year or so, the mental health has deteriorated of the neighbour to my rental property. Two tenants have moved out due to the noise made by this person. After the first tenant moved out last year, I tried to sell the property, but the buyer withdrew when they heard that my neighbour was...
            20-01-2022, 18:01 PM
          • Reply to Auction or try to sell in an estate agent
            by Lawcruncher
            I think she probably does.There has been a change in the law since I stopped doing conveyancing. My understanding is that today you must disclose anything likely to affect a buyer's decision to proceed. However, I have no practical experience of how the law works in detail and that is why I suggested...
            21-01-2022, 13:40 PM
          • Reply to Greetings, I Come in Peace
            by jpucng62
            It doesn't matter where the money comes from its about income & affordability. Some benefits eg state pension give a guaranteed income, so this is really good source of income - you can't get sacked from your retirement!
            21-01-2022, 13:37 PM
          • Reply to Labour taxation plans
            by Turbine Terry
            The party not in power always makes bold and often hollow claims like this as they want the sound bite/headline and don't need to give any thought to unintended consequences or actually doing as they say. If the RRB (Renters Reform Bill) and EPC changes and more tax increases were all too severe it...
            21-01-2022, 13:23 PM
          • Labour taxation plans
            by steaming
            Rachel Reeves R4 this am told the interviewer that Labour (when in power) would raise money by taxing those with BTL property much more than at present, she opined it was wrong that “they” were “getting away with it”. No challenge from BBC or fact check as to present tax. You are warned.
            20-01-2022, 16:55 PM
          Working...
          X