How best to serve notice to good tenant well ahead of end of fixed term AST

caveman8006

My brother and I jointly own a flat which is currently let to a good tenant who first moved in just over 3 years ago . We recently signed another 12-month AST which ends in Feb 2026. By the Spring of 2026 my brother will need to realise his capital in order to help his children on to the property ladder, so we knew we would probably not be extending the tenancy after that, but an unsolicited approach to buy the flat has now brought the matter to a head (although the potential buyer is happy to wait until the flat is vacated next year). Our agent suggests that our best course of action is to give a Section 21 notice just over 2 months ahead of the end of the fixed period and warns that giving notice now could be seen as "harassment". We are not comfortable with this, as it would give our tenant very little time to find a new flat (at a busy time of the year). It feels more considerate to give them a "heads up" of our intentions immediately and, while making it clear that they are welcome to stay until the end of the agreed term, offering them the option of ending the tenancy early without penalty if they find a suitable alternative. What are the pros and cons of such a course of action, particularly in the light of the new draft legislation which might complicate formal notice requirements if passed into law close to the end of  our current tenancy agreement?

Olinda99

I agree that you should not serve the section 21 until the agent says you should ie a couple of months before the end of the tenancy

That does not mean that unofficially you cannot tell the tenant what your plans are before then so they have time to prepare

FlorayG

Tell the tenant now your plans. Tell them you will be serving a S21 and the date you will be serving it. Tell them you are happy to release them from the AST early with no penalty. The tenant can then look for alternative accommodation and can serve YOU notice. Everybody will be happy, hopefully

saajan_12

You can't serve notice in the first 4 months anyway, it'd be invalid. The notice is only valid for 6 months from when its served, so the earliest you can serve it is the start of month 7. You'd then have to apply to court the day after the fixed term ends. To give yourself a bit more of a buffer to get the possession process going, I'd serve it in month 8 / 9. 

You can informally tell them of your intentions, but I wouldn't get too much into the options of terminating early unless the tenants push. The reason for the above earliest serving rules were to avoid the tenants feeling pressured into leaving earlier than they legally have to, so you telling them all the ways they can leave early could give them the same feeling. 

Myci85

I think your idea sounds fine, informally give them the heads up you are planning to sell at the end of the current fixed term, and that if they find somewhere sooner you are happy to let them leave early. 
This is what our landlady did after 15 years in our home, and we were incredibly grateful for the time to a) get our head around moving, and b) find somewhere without having to rush into something unsuitable. Two months notice doesn't give much time to find a home, and is more likely to lead to them not moving out and dragging out the process by waiting for a court order etc.