Ensuring tenants vacate promptly at end of fixed term

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  • Ensuring tenants vacate promptly at end of fixed term

    Hi,

    I would like to ask if there are any measures that can be taken at the start of a tenancy to ensure that tenants vacate promptly at the end of a fixed term (6 months).

    I am aware that a section 21 needs to be issued 2 months prior to the end of the fixed term but I was wondering if there was anything else I could do to make sure that tenants move out right away and do not delay and force eviction?

    The reason that I ask this is that I would have people ready to move into the flats within 2 weeks of the previous tenants leaving and any delays would obviously cause problems and ultimately loss of income. What would happen if tenants refused to leave at the end of a fixed term, how long would it take to legally evict them and would I be able to claim back any loss of income suffered durring this process?

    Many thanks
    Answers given are simply my own opinion and should not be interpreted as legal advise. Always seek legal assistance if you have any doubts.

  • #2
    No - serve the S21, on expiry apply to courts, get a court order and evict. It is the ONLY legal process. In theory you would be able to claim back the income, in practice difficult to enforce. Timescales vary.
    Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

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    • #3
      Originally posted by HappyFriendlyLL View Post
      Hi,

      I would like to ask if there are any measures that can be taken at the start of a tenancy to ensure that tenants vacate promptly at the end of a fixed term (6 months). Unfortunately not!

      I am aware that a section 21 needs to be issued 2 months prior to the end of the fixed term but I was wondering if there was anything else I could do to make sure that tenants move out right away and do not delay and force eviction? Serve your S.21 Notice anytime after the tenancy starts, don't leave until the last minute as many think they have to. The two months is a MINIMUM - there is no maximum time limit as we keep stating.

      The reason that I ask this is that I would have people ready to move into the flats within 2 weeks of the previous tenants leaving and any delays would obviously cause problems and ultimately loss of income. That's the price you have to pay when renting. What would happen if tenants refused to leave at the end of a fixed term, how long would it take to legally evict them and would I be able to claim back any loss of income suffered durring this process? About 4-8 weeks probably

      Many thanks
      Never anticipate that a tenant will automatically vacate, but keep a good dialogue with them and it should minimise any potential disappointment. Two weeks might not be enough to assess and rectify any dilapidations. On BBC's Money Box yesterday it was stated the average vacant period was 26 days a year for all combined let property, so that translates to a lot more in reality for those that are empty.
      The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

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