UK Landlord Forum / Life

I'm looking to sell the property I'm currently renting out under a periodic AST agreement, and after a discussion with the tenant, they say they'd be willing to move out within 1 to 2 months.  I was getting ready to serve a form 6A for section 21 eviction when I noticed that the advice written on it says that there must currently be at least 4 months' notice given.  I thought that was reducing to 2 at the beginning of August (giving the rather absurd situation that notice served now will be significantly longer than notice served in a couple of weeks' time)?

Then I read this blog post and Step 2 says that if the "ask nicely" approach works, "make sure [the tenant] signs a document clarifying the agreement".  I was wondering whether anyone had a link to a legally watertight agreement I could present to the tenant that we could both sign, agreeing a date when they are to have vacated the property.  Or, are we still supposed to serve a form 6A notice anyway?

Quote from: jez9999 on July 22, 2021, 09:15:52 PM
I was wondering whether anyone had a link to a legally watertight agreement I could present to the tenant that we could both sign, agreeing a date when they are to have vacated the property.

Yeah, there's no such thing. You can agree a valid contract for the future surrender of a tenancy, but if the tenant don't then actually give up possession, the tenancy continues and you will merely be left with a breach of contract. You could then sue for damages sure, but if your main concern is possession, that wouldn't help you.

What's the point in recommending a signed agreement then?  Doesn't sound like it's enforceable.

You're trying to combine the "ask nicely" and "legally watertight" approaches into one. You could get something signed that, between you two parties, would try to ensure expected behaviour... but if that didn't happen then you couldn't take that piece of paper you created to Court. Well, you could but you'd be asked - "where's the Section 21?" - so...

Pick your time and still serve a Section 21.

As I said, the serving of section 21 notice is rather annoying as form 6A still has the "your notice should be at least four months" statement on it.  If it's changing to 2 months in August we want it to be more like 2 months.  Presumably we're expected to serve form 6A as-is and not edit it in any way?

As I said, pick your time.