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End of AST

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Author Topic: End of AST  (Read 114 times)
Posts: 16

I like property

« on: June 04, 2020, 07:55:07 PM »

Hi all
My current tenant is on a 6 month AST which ends on 26th August. They took the tenancy with a view to buying the house , exchanging contracts at the end of the 6 months.
My solicitor has just informed me today that they have put a hold on the sale. She tells me I should issue notice to make sure they leave at the end of the 6 month term.
I know under Covid regs I have to give 3 months notice but as the contract is a fixed term do I have to word it in a particular way or is there a specific form to do this. Section 21 does not apply here.
I am thinking of just wording it so that they are aware the contract terminates after 6 months and asking for a vacant property on 4 th Sept 2020 which will give 3 months?
Will this be ok? Or is there anything legal I need to include?
Sr. Member
Posts: 355

I like property

« Reply #1 on: June 04, 2020, 09:09:15 PM »

1. You have a solicitor, follow their advice, it's what you're paying them (and in turn their professional indemnity insurance) for.

2. There's no such thing as section 21 does not apply if it's an AST. Any eviction must be through court, after either a valid seciton 21 or section 8 notice. Either way, at the moment, the notice period is at least 3 months.

3. If you're in England, you cannot give a valid section 21 notice within the first 4 months of the first tenancy. Section 21 must be on the latest version of Form 6A.

4. There's a bunch of reason why a s21 may not be valid. Google nearlylegal s21 flowchart.
Posts: 16

I like property

« Reply #2 on: June 06, 2020, 12:42:03 PM »

Thanks KTC
i had to tell my solicitor that Covid regs meant 3 months notice not two. She wasn’t aware. Worrying but too late to change solicitor.
I emailed notice for 5th Sept plus sec 21. 6A form.
Tenant came back saying they were proceeding with house sale and would complete by end August.
Amazing how notice to quit focuses the mind.
Thanks again for help.
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