Rent at end of tenancy

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    Rent at end of tenancy

    Our current tenants have been with us about three years. For the last nine months, they haven't had a written contract (my fault, I absolutely accept that). They have been paying rent each month in line with the previous contracts.

    However, our situation has now changed and we need to sell the house. Where do we stand? How should be best approach this?

    Thank you very much.

    #2
    No worries on the failure to issue a new written contract - the tenancy just becomes periodic upon expiry of the fixed term.

    You need to serve a Section 21. Presumably the deposit is protected?

    Comment


      #3
      If they had a previous written agreement, and neither of you has served notice, it will still be in operation.
      Depending on the wording of the agreement it is either a contractual or statutory periodic agreement, almost certainly with the same terms and conditions (other than the notice periods if it is a statutory periodic tenancy).

      The best place to start is to talk to the tenants - because they're going to need to find somewhere new to live which can be quite a disruption.
      If they co-operate and you are reasonable about time scales, it can be a fairly civilised and stress free process.
      But I'd talk to them before serving notice, otherwise, it can get things off on the wrong foot (you are quite within your rights to ask them to leave for no reason, giving two month's notice, but communication is usually helpful).
      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

      Comment


        #4
        Thank you for your replies.

        When you say "becomes periodic" does this mean that it's a "rolling contract"
        Ie from one month to the next?

        We are speaking to them today, and I was wondering what notice period we should set out when they ask. Is there a set amount of time we have to give? We want to be fair to them but equally need to take possession as soon as possible.

        Thank you/

        Comment


          #5
          There are two types of rolling tenancy.
          The conventional kind is one that is created automatically when a fixed term contract ends, called. Statutory Periodic Tenancy.
          Where that's the case, you need to give the a minimum of two month's notice.

          The other kind is less common and is created by the wording of the tenancy agreement and is a contractual periodic tenancy. The agreement then controls the period of notice.

          What is important to realise is that your notice doesn't end the lease. If the tenant doesn't move out, you will be able to go to court to get the property back, but that can be a long and stressful process. If your tenant can't find somewhere else to live, they may stay on simply to avoid being homeless, and whether they can find somewhere else isn't really in your control.

          So talking to each other and making sure that everyone is getting what they need can be important. If the tenant needs three months, for example, it might be better to agree that than try and get them out quicker.
          But most likely two month's notice is the legal minimum. You need a section 21 notice and templates are available online, including this site.
          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

          Comment


            #6
            Originally posted by jpkeates View Post
            The other kind is less common and is created by the wording of the tenancy agreement and is a contractual periodic tenancy. The agreement then controls the period of notice.
            Section 21 is statutory, not contractual.

            Comment


              #7
              S21 pre or post Oct 15

              We are issuing a S21 today. Tenants are aware. They need the paperwork to assist them at the housing office.

              They have been at the property since early 2014. In that time they have signed a couple of six month contracts, a twelve month and are currently periodic.

              This is probably very daft, but do I have to fill in the 6A on the .gov website (periodic tenancy began in April 2016) or because they have been with us since 2014 do we follow the rules for pre Oct 2015 tenancies?

              Finally, best place to print one off?! Thank you!

              Comment


                #8
                You can do either. The form prescribed can be found here: https://www.gov.uk/guidance/assured-...-forms#form-6a

                The form sets out several prerequisites to the service of Form 6A. If you have not followed them (such as provision of EPC, Gas Safety Certificate & How to Rent Booklet), then using the prescribed form may unnecessarily confuse your tenant, because the form says that you can't use it in those circumstances. That might mean, in practical terms, that your tenants ignore the requirement to leave, and put you to the expense of possession proceedings.

                Comment


                  #9
                  Originally posted by StuartH View Post
                  The form sets out several prerequisites to the service of Form 6A.
                  No, it doesn't. These are the prerequisites for post-October 2015 tenancies only.

                  However, this is indeed confusing and I would not use that form until I positively had to.

                  Comment


                    #10
                    Originally posted by jjlandlord View Post
                    No, it doesn't. These are the prerequisites for post-October 2015 tenancies only.

                    However, this is indeed confusing and I would not use that form until I positively had to.
                    FFS. The form DOES set out those prerequisites. Have you ever looked at it?

                    Comment


                      #11
                      So, we haven't supplied a How to rent booklet. In that case, are you suggesting I don't use the form 6a? If that is the case, is there a link to a S21 that I can just download? Thanks

                      Comment


                        #12
                        Originally posted by StuartH View Post
                        FFS. The form DOES set out those prerequisites. Have you ever looked at it?
                        These are guidance for post-October 2015 tenancies.
                        For pre-October 2015 tenancies there is not prescribed form and therefore any letter stating that possession is required will do (inc. Form 6A).

                        This has been repeated ad nauseam.

                        Originally posted by Sol1977 View Post
                        So, we haven't supplied a How to rent booklet. In that case, are you suggesting I don't use the form 6a? If that is the case, is there a link to a S21 that I can just download? Thanks
                        As said, if you do not have to use form 6A, then my advice is do not use form 6A.

                        Comment


                          #13
                          Originally posted by jjlandlord View Post
                          These are guidance for post-October 2015 tenancies.
                          For pre-October 2015 tenancies there is not prescribed form and therefore any letter stating that possession is required will do (inc. Form 6A).

                          This has been repeated ad nauseam.



                          As said, if you do not have to use form 6A, then my advice is do not use form 6A.
                          Sorry to labour the point... I assume we don't have to use it because although they have signed several tenancies over the time, the first began pre Ocf 2015.

                          Is there a S21 I can download or do I free format it? That can't be correct, can it?

                          Comment


                            #14
                            Originally posted by jjlandlord View Post
                            For pre-October 2015 tenancies there is not prescribed form and therefore any letter stating that possession is required will do (inc. Form 6A).
                            I agree. But you said that the prescribed form does not set out the prerequisites that I described. That is just wrong: of course it does. To use it (and the form makes it quite clear that you can) for pre-Oct-15 tenancies is likely to mislead, and not in a way that is to the landlord's advantage.

                            It's a simple point, and you're welcome to your own reasons for preferring the 'old way'. Why not be helpful, instead, and point the OP to a reliable precedent form?

                            Comment


                              #15
                              Originally posted by Sol1977 View Post
                              Sorry to labour the point... I assume we don't have to use it because although they have signed several tenancies over the time, the first began pre Ocf 2015.
                              What matters is the latest tenancy you agree with them before the current periodic one, not when they first moved in. So that latest tenancy was created after October 2015 you have to follow all the new requirements, including the requirement to use form 6A.

                              Comment

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