Ending tenancy at end of fixed term AST

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    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

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