Ending an AST agreement

ellectrastar

I have a tenant in a property that I’m looking to retake possession of. There is an assured shorthold tenancy that has rolled on past the original agreed term. Is it just a case of sending a section 21 notice advising them that they are requested to vacate the property and have two months to do so? I want to make sure I get it right as I don’t think they’ll be that happy about being leaving. 

Mark_d

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

saajan_12

ellectrastar said:

I have a tenant in a property that I’m looking to retake possession of. There is an assured shorthold tenancy that has rolled on past the original agreed term. Is it just a case of sending a section 21 notice advising them that they are requested to vacate the property and have two months to do so? I want to make sure I get it right as I don’t think they’ll be that happy about being leaving. 

Step 1: check all the pre requisites for a S21 notice are in place. Theres a long list of things required to ensure its valid eg deposit protected, various paperwork to give the tenant, etc. 

Step 2: message them to warn its coming and then serve the notice giving 2 months after its deemed served (allowing 2 days for postage)

Note they don't have 2 months to vacate, they have until a judge says after step 3, though they can avoid fees by leaving earlier. 

Step 3: once the notice expires, if they're not out then apply to court for a possession order, and follow through with bailiffs etc. 

theartfullodger

You can ask them nicely: To make a good impression explain (if justified) that you will provide excellent references and be flexible on move-out date (v v quick or quite slow..).



Issue s21 & s8 (if valid) is OK but likely to p*** off tenants. 

MANY s21 & s8s are invalid, especially s21s -   see...

https://england.shelter.org.uk/professional_resources/legal/possession_and_eviction/notices_in_possession_proceedings/what_makes_a_section_21_notice_invalid

Why do you wish to evict/ask-to-leave?? Selling, moving in yourself or friend, want different tenants???

propertyrental

83 checks to ensure your S21 is valid:

https://nearlylegal.co.uk/section-21-flowchart/

If it is you still have to apply / wait for a court order unless the T chooses to lease.

ellectrastar

@theartfullodger I’m looking to move back in myself. Naturally I don’t think the tenant will relish the idea of moving out but I do need them to go. I thought a S21 seemed a bit formal and looking at the list of everything you need I don’t think it would be valid. So would it be best to speak to them and then just send a hard copy letter by trackable delivery confirming the details?

RAS

If looking at the list of everything, you don't think an S21 will be valid, then any tracked letter is a waste of money. The tenants will ignore it and you can't take legal action to remove them.

A tenancy can only be ended by the tenant or by a court. 

You can speak to the tenants and explain you will need the house back as artful suggests, and may just be lucky.

But, you need to go through that list of legal requirements and make sure everyone of them is up to scratch. Because if your tenants aren't just waiting to buy a house or relocate for jobs, you have to be able to issue a valid S21.

PRAISETHESUN

If you can't come to an agreement with the tenant for them to voluntarily end the AST and leave then your only route will be the legal one, which requires a valid S21 to be issued to start things off. The S21 is just a notice that you intend to start the legal process, by itself it doesn't force a tenant to leave. Only the tenant themselves or a court eviction order can end the tenancy. Prepare for things to drag out unless you offer an incentive (£££) for them to leave.

propertyrental

ellectrastar said:

@theartfullodger I’m looking to move back in myself. Naturally I don’t think the tenant will relish the idea of moving out but I do need them to go. I thought a S21 seemed a bit formal and looking at the list of everything you need I don’t think it would be valid. So would it be best to speak to them and then just send a hard copy letter by trackable delivery confirming the details?

By all means 'talk to them' and if they say "OK guv, we'll serve you notice and we'll end the tenancy and move out on xx/yy/zzzz" then you just wait for their formal notice and ... bingo!

But you say: " I don’t think the tenant will relish the idea of moving out" which makes the above scenario unlikely, so either you encourage them to serve notice on you (£2000?), or use the 'formal' route.

'just send a hard copy letter by trackable delivery confirming the details?" saying what? to what end? To achieve what?

Bookworm105

ellectrastar said:

@theartfullodger I’m looking to move back in myself. Naturally I don’t think the tenant will relish the idea of moving out but I do need them to go. I thought a S21 seemed a bit formal and looking at the list of everything you need I don’t think it would be valid. So would it be best to speak to them and then just send a hard copy letter by trackable delivery confirming the details?

that statement is alarming! It implies the tenant may have grounds on which to make your repossession of the property rather expensive if the tenant resists and looks to claim for any breaches of tenancy law that you have ,made.

if you are unable to serve a legally valid s21 then your remaining option is to incentivise the tenant to leave of their own accord. PS  that means pay the tenant to go, not send the boys round.