What form of tenancy does the tenant have once they are living in the property after you gave notice and terminated the original one and they are now beyond the term for which the terminated AST was valid?
At a minimum it sounds as though you're trying to leave them without a normal periodic notice period but instead vulnerable to accelerated reposession for being in the property after the end of the tenancy.
you cannot issue them with 2 months notice to quit (Section 21) until after June 30th.
You issue Section 21 on 1st July
2 months later (2nd Sept) you can apply to court for the court order to get them out.
judge gives one months "stay of execution" (they must leave by 3rd Oct)
tenants do not leave - so back to court, bailiffs appointed -
mid-late Oct tenants evicted by baliffs
Since your example was one about bad tenants. Can you issue a S8 as well as a S21? Or does it have to be one or the other?
re what tenants think of a Section 21 included in the AST - i tell my new tenants, that this is a legal requirement, which i will not be put into force unless the tenancy agreement terms are breached - they all seem perfectly happy with that - not one of them has ever said "i'd best leave now then" as the Section 21 date arrives.
If you don't want the tenant to leave, then you don't leave them in that position. Just arrange a new tenancy to start the day after the old one finishes, and repeat the process every 6 or 12 months.
i tell my new tenants, that this is a legal requirement
What type of tenancy do you think your tenants have once the latest date on the section 21 has passed?
According to Franklee - you can put the expiry date as after ****** which I guess means the section 21 never passes.
Dates are extremely important when issuing notices. If AST begins on 1st Jan, then notice must state LL requires property AFTER June 30th.
You've given them notice and they haven't left. At this point, they have no right to remain in your house (although they have to pay rent if they do). OTOH, you have no right to force them to leave without a Warrant for Possession executed by a Bailiff.
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Plus what we already know
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