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Hunty101
Forumite Posts: 8
Forumite

Hello everyone. I entered into a standard occupation contract with my tenant on 1 January 2023 and it expires on 15 July 2023. My tenant has said they won't be moving out but I need to sell the property as I can't afford the new mortgage rates when my fix expires in a couple of month's time.
Can anyone help me work out what notice(s) I need to serve?
Can anyone help me work out what notice(s) I need to serve?
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Comments
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Are they entitled to stay beyond 15 July, even though that is the contractual fixed term expiry date?1
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Hunty101 said:Are they entitled to stay beyond 15 July, even though that is the contractual fixed term expiry date?
Have you complied with all the necessary landlord/tenant legislation ....deposit protected, gas certificate, EPC, "How to rent" leaflet supplied etc.etc. ?
You will need to issue a s21 notice (depending on the above) and take it from there.... be prepared for the process to take some months, at least, depending on the tenants being cooperative (or not).1 -
TonyMMM said:Hunty101 said:Are they entitled to stay beyond 15 July, even though that is the contractual fixed term expiry date?
Have you complied with all the necessary landlord/tenant legislation ....deposit protected, gas certificate, EPC, "How to rent" leaflet supplied etc.etc. ?
You will need to issue a s21 notice (depending on the above) and take it from there.... be prepared for the process to take some months, at least, depending on the tenants being cooperative (or not).
Are you sure a s21 notice is relevant in Wales?
To clarify, I have a fixed term standard contract which expires on 15 July 2023.
I will be sending them a Form 22 - LANDLORD’S NOTICE OF TERMINATION: FIXED TERM STANDARD CONTRACT WITHIN SCHEDULE 9B TO THE RENTING HOMES (WALES) ACT 2016
Do I serve a s21 notice if they fail to move out on 15 July?
The tenants are minded to be cooperative - they are presenting themselves to the council for a council house as cannot afford a new rental and said they need "eviction notice".0 -
Hi, we've got a rental property in Wales and I've found the Facebook Group - Welsh Landlords (Welsh Landlords | Facebook) to be invaluable possibly good to look / ask on there. Also join the NRLA and they have a whole section on everything to do with renting in Wales. Having rentals in Wales is a total nightmare, everyone selling up, ridiculous situation with RentSmartWales and all else, hopeless. Hope this doesn't happen in England! As previous poster said, S21 - but I don't think this is now valid in Wales.1
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Hunty101 said:TonyMMM said:Hunty101 said:Are they entitled to stay beyond 15 July, even though that is the contractual fixed term expiry date?
Have you complied with all the necessary landlord/tenant legislation ....deposit protected, gas certificate, EPC, "How to rent" leaflet supplied etc.etc. ?
You will need to issue a s21 notice (depending on the above) and take it from there.... be prepared for the process to take some months, at least, depending on the tenants being cooperative (or not).
Are you sure a s21 notice is relevant in Wales?
To clarify, I have a fixed term standard contract which expires on 15 July 2023.
I will be sending them a Form 22 - LANDLORD’S NOTICE OF TERMINATION: FIXED TERM STANDARD CONTRACT WITHIN SCHEDULE 9B TO THE RENTING HOMES (WALES) ACT 2016
Do I serve a s21 notice if they fail to move out on 15 July?
The tenants are minded to be cooperative - they are presenting themselves to the council for a council house as cannot afford a new rental and said they need "eviction notice".The person who has not made a mistake, has made nothing1 -
s21 is England.
In Wales you should serve s173. Your forward planning is not too good, the minimum notice period has recently been extended to 6 months. That does not guarantee eviction, it just means that next January is the earliest date that you could start proceedings leading to eviction.
What are your tenants like? If they do untenantlike things you might be able to evict earlier. On the other hand, if they are steady reliable tenants many landlords will be happy to buy the property with tenants in situ. Good tenants with a proven record are valued.2 -
Alderbank said:s21 is England.
In Wales you should serve s173. Your forward planning is not too good, the minimum notice period has recently been extended to 6 months. That does not guarantee eviction, it just means that next January is the earliest date that you could start proceedings leading to eviction.
What are your tenants like? If they do untenantlike things you might be able to evict earlier. On the other hand, if they are steady reliable tenants many landlords will be happy to buy the property with tenants in situ. Good tenants with a proven record are valued.0 -
Given their comments, I would in no way work on an assumption they will have moved out when you have asked them to. The council will make it clear if they move out in advance of the possession order and bailiffs warrant, they will be making themselves intentionally homeless. Most councils will start a potentially homeless case (if they have reasons to make them 'in housing need' like children or medical/mental health problems) but its going to be a long process. Most councils won't find them a property until the eviction process is almost complete or is complete. This could take some months.0
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Hunty101 said:Alderbank said:s21 is England.
In Wales you should serve s173. Your forward planning is not too good, the minimum notice period has recently been extended to 6 months. That does not guarantee eviction, it just means that next January is the earliest date that you could start proceedings leading to eviction.
What are your tenants like? If they do untenantlike things you might be able to evict earlier. On the other hand, if they are steady reliable tenants many landlords will be happy to buy the property with tenants in situ. Good tenants with a proven record are valued.
So the s173 with 6 months notice is the correct route.0 -
housebuyer143 said:Hunty101 said:Alderbank said:s21 is England.
In Wales you should serve s173. Your forward planning is not too good, the minimum notice period has recently been extended to 6 months. That does not guarantee eviction, it just means that next January is the earliest date that you could start proceedings leading to eviction.
What are your tenants like? If they do untenantlike things you might be able to evict earlier. On the other hand, if they are steady reliable tenants many landlords will be happy to buy the property with tenants in situ. Good tenants with a proven record are valued.
So the s173 with 6 months notice is the correct route.
They are in a fixed term contract which ends on 15 July. I have served them notice (Form 22 - LANDLORD’S NOTICE OF TERMINATION: FIXED TERM STANDARD CONTRACT WITHIN SCHEDULE 9B TO THE RENTING HOMES (WALES) ACT 2016) that they must leave at the end of the fixed term contract i.e. 15 July.
So if they remain in the property post 15 July, they will be at fault.
Clear?0
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