Need some advice regarding Sect 21 and giving tenants notice

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    Need some advice regarding Sect 21 and giving tenants notice

    Hi everyone. Ive been reading these forums with interest recently. I'm a relatively new LL thats been having issues with my LA, and decided to take the property back, make some renovations, and then re-market it with new LAs.
    My current tenants have a 1 year AST which ends in July 2011. I instructed the LA to give them 2 months notice in June (which takes us to the end of August 2011) but Ive just gone back through the paper-work and realised the LA actually issued the tenants a Sect 21 when the tenants signed the contract last year!
    The tenants found another property and have told the LA that they will be moving out at the end of June.

    When I asked the LA to provide me with what they gave to the tenants, they sent me the same Sect 21, and a written notice for the tenants to move out at the end of August

    Can I actually hold the tenants to the 2 months notice, or are they in the right to move out at the end of the AST with no further notice required?

    Any help would be appreciated in this.

    Thanks in advance

    #2
    They have the right to move out at the end of the AST with no notice at all. (Regardless of whatever is written in the contract).

    Given you want the property back to renovate and re-market with new LAs I don't see what the problem is ? If they want to stay put they can wait until a court ordered baliff evicts them (long process).

    Also, if LA served Ts with the S21 before any deposit was secured in one of the three deposit schemes and prescribed information given to Ts it will be invalid anyway.

    Sorry but a vast many LAs don't have a clue about statutory rights and LL & T laws etc.
    I'm a good tenant with great landlords
    I'm also a living, breathing, fully cooked female.

    Comment


      #3
      Tenants can leave before midnight on the last day of a fixed term AST without having to give any notice at all (regardless of what is stated in the tenancy agreement).

      So long as their rent is paid up to the end of the tenancy, they can just hand back the keys on the last day and wave goodbye!

      I assume its a typo in your OP when you state they are moving out "end of June" - do you mean July? So long as they leave before or on the last day of the tenancy, and have paid all rent owing to the last day, then no, you cannot hold them to pay to the end of August.

      Comment


        #4
        Thanks for the quick and detailed replies!
        The issue I have is that my builder cannot start before Sept, which is why I had tried to angle the 2 months notice.
        LesleyAnne - yes I did mean July - well spotted.

        Now it looks like I'm going to have an empty property for a month longer than I wanted.

        ah well....you live and learn.

        Comment


          #5
          Originally posted by ChrisK View Post
          ah well....you live and learn.
          Thats the important bit when first becoming a landlord. You won't go far wrong posting any questions here first.
          My advice is not based on formal legal training but experience gained in 20+ years in the letting industry.

          Comment

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