UK Landlord Forum / Life

Hello all,

I have a tenant who has caused a lot of disturbances to neighbours.  She has a fixed term contract that expires on 1 September, so I'm still in time to serve a section 21 b and give her 2 months notice, I think, from what I've read. And that would give her until 25 October to vacate.

But because that takes us over the fixed term by 1 calendar month and 3 weeks, I'm worried that this takes me into 'periodic tenancy' territory (which requires a different Section 21).

And on another note, what's my tenants contractual obligation to me in this time? For example, if she leaves at the end of September, instead of 25 October, then I'd have an empty property for a month - does she 'have to stay' until 25 October?

Very happy to have found this friendly forum...I hope someone can help...

Hello,

Since your fixed term is ending and you want the tenant out, you should have served her with a notice the tenancy is ending on the fixed term. It's too late for that as you need to allow at least a month after the notice is served. It this case, the tenancy would have simply ended with the fixed term.

You have no problems serving the Section 21b, as you're still serving it during the fixed term period, which makes it the right version to use, but you better serve it ASAP if you want the tenant out early. Make sure you're serving a valid notice - deposit is protected, gas safety certificate is valid, no repairs complaints have been made recently, etc. Here is more information on Section 21 notice.

As for whether the tenant is liable for rent during the eviction period, they have no contractual obligation. I found information on the RLA website, which says:

"If, however, the tenant has actually moved out on or before the last day of the fixed term itself (as opposed to the expiry date of the Section 21 notice) then the tenancy ends automatically at the end of the fixed term so no further rent would be payable beyond this date."

Believe me,getting a bad tenant out of your property,even if it results in a void month,is such a relief.She may also leave the place in  a state that will need attention before you could remarket it.Goodbye and good riddance to her,better luck next time.