Landlord wants to end an AST sooner

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  • Landlord wants to end an AST sooner

    Hi
    I recently took on a tenant on a 12 month AST, however due to unforseen circumstances I am considering ending the tenancy.
    I dont have a 6 month break clause, but can I end the tenancy sooner by issuing a S21 notice?

    Currently I do not have legal reasons for doing this i.e. rent arrears

    Thanks for your help

  • #2
    Originally posted by velvet View Post
    Hi
    I recently took on a tenant on a 12 month AST, however due to unforseen circumstances I am considering ending the tenancy.
    I dont have a 6 month break clause, but can I end the tenancy sooner by issuing a S21 notice?

    Currently I do not have legal reasons for doing this i.e. rent arrears

    Thanks for your help
    No; a s21 is only operable only at the end of the fixed term.

    Unless you can agree a surrender with your tenants (presumably by giving them a substantial financial incentive to move out so early in the tenancy), then you are legally bound to house them for the whole of the fixed term; that is the whole point of the contract you both signed. The fact that your circumstances have now changed is legally irrelevant.

    However if you do try to agree a surrender, you must not put pressure on them lest it seem that you are trying to evict them. If they go, it must be of their own free will and on their terms, not yours.
    '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
      ...and, if terms of surrender are agreed, embody them in a formal Deed (executed by L and T):
      a. to evidence the transaction; and
      b. to avoid the risk of later allegations against you.
      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
        are you able to say why you need the property back. Some of the mandatory grounds within s8 may allow you to get possession back early - see other threads.
        PAUL GIBBS, solicitor, Jacobs & Reeves. My comments on this forum are correct to the best of my knowledge and belief. No responsibility or liability is accepted by reason of reliance upon such comments. This disclaimer would not apply to direct clients of Jacobs & Reeves where there is a valid retainer in place and I would be happy to confirm any advice if formally instructed. . Jacobs & Reeves now offer a fixed fee possession service.

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