correct notice and procedure for ending an assured shorthold tenancy

notation

Hi

I've done some research but I don't feel 100% sure so I would like to get some advice on a few things on how to end a periodic assured shorthold tenancy (AST) as per current rules and regulations.

The tenant has up until recently been subject to a fixed-term AST which has been been renewed every year, but is now on a periodic.  The tenant is cooperative and the only reason for ending the tenancy is the unfortunate necessity to sell the property.

Previously, it was the case that a landlord would issue a section 21 "notice to quit" to tenants.  I'm not clear about what the current regulations in England are, in particular which notice should be issued to them.

Is the current requirement to issue a form 6A notice (details below)?

https://www.gov.uk/evicting-tenants/section-21-and-section-8-notices

After reading the above I think it is, but I'm a bit confused.  Also the notice period is it 3 months now?

Many thanks!

Neville

Slithery

If the tenant is co-operative then you can come to a 'mutual surrender' any time you wish.

Other than that, read...

Ending/renewing an AST

...but please note that the above isn't completely up to date, since last week you now need to give 6 calendar months notice.

oldbikebloke

yes, a s21 notice (form 6A), but if not yet served, then patently it will be served after 29 August 2020 and therefore must give 6 months notice. Therefore, as poster above says, your better option is to agree IN WRITING a mutual surrender with the tenants under whatever terms you reach.
https://www.gov.uk/government/news/government-has-changed-the-law-so-most-renters-have-a-6-month-notice-period#:~:text=from%2020%20September.-,29%20August%2C%20landlords%20must%20provide%20at%20least%206%20months%27%20notice,months%20to%20accommodate%20this%20change.
These changes mean that from 29 August, landlords must provide at least 6 months’ notice period prior to seeking possession through the courts in most cases, including  section 21 evictions and rent arrears under 6 months.

notation

Thank you both for your advice re using a mutual surrender agreement!

This might be a stupid question as I do understand that by definition this mutual surrender agreement will not be written to a very predefined and rigid format, but are there any suggestions about what things should be included in the text of a mutual surrender agreement?

Any advice would be appreciated.

Thanks again!

theartfullodger

An s21 is not a notice to quit, does not end tenancy nor compel tenant to leave.  Only a court then Bailiffs can do that.  S21 is but 1st step and many landlords, agents, solicitors get them wrong.

Done any training as a Landlord please?

AdrianC

notation said:

This might be a stupid question as I do understand that by definition this mutual surrender agreement will not be written to a very predefined and rigid format, but are there any suggestions about what things should be included in the text of a mutual surrender agreement?

Whatever the tenant and landlord agree to...

There's not really a lot to agree, except for when the tenant will vacate, and how much will be paid as recompense for breaching the contract.

greatcrested

Early Surrender should be in writing and include

* address of property

* names of LL and tenant

* reference the last signed contract eg 'ref tenancy dated xx/xx/xxx'

* date agreed the tenancy will end

* final rent arrangement eg if it's not the end of a rent period, whether rent will be charged/re-imbursed pro rata

* signitures of (all) tenants and (all) landlords

* any conditions eg

- often if the tenant is requesting the ES, a LL will charge their unexpected re-marketing costs and/or rent till new tenant in place

- here the LL is requesting the ES, so may need to offer the tenant an inducement to agree eg moving costs (specified!) or cost of deposit for their next tenancy. Or more if the tenant is very reluctant.....

Slithery said:

Other than that, read...

Ending/renewing an AST

...but please note that the above isn't completely up to date, since last week you now need to give 6 calendar months notice.

Hmmm... have to get G_M to update.....

pinkshoes

I think I would start by discussing your intentions with your tenant over tea and cake. Perhaps offer to pay all their moving costs? Perhaps they might be interested in buying the property?

Being nice and open and honest about your intentions will mean that it could cost you less in the long run, even if you have to part with cash to enable your tenants to move. 

Obviously if they agree to early surrender (with some sweeteners added...) then this will need to all be in writing. 

notation

Many thanks to everyone who has responded! You have very been so very helpful