UK Landlord Forum / Life

I have a 24 month a direct tenancy contract with someone on full benefits (DSS) with a baby and toddler,

I received a two year incentive from the Council for the direct let.

Can I terminate the tenancy early?

How do I do that? Is it a section 8 or 12? I don't understand much how these sections work or are applied?

Can I terminate teancy early to reoccupy?

Can I terminate tenancy early with vacant possession to sale?

What do you mean by direct let, exactly? Do you just mean something that most Landlords would consider normal... in that you've let a property to a Tenant (that Tenant being in receipt of benefits)? You mention 2 years - but is that a fixed term, is that documented? If it is a fixed term then that's what you signed up to (Council involvement notwithstanding I think) and you, nor the Tenant, really has the right to end it early... however, if the fixed term was less, much more normal is 6 months or 1 year, then you can use either Section 8 or Section 21 after that time.

Section 8 would require some justification - a Ground, like non-payment or rent or something like that.

Section 21 is a no fault, no justification approach... but you need to have all your paperwork in order.

If you just want to sell it and you're in a fixed term... you're hardly going to be successful. So... what does the agreement you have signed say about the fixed term?

Only as an aside, you'd imagine if the Council gave you some incentive to provide a 2 year let and you terminate before 2 years are up, they might want their incentive back.

Why isn't my Council ever coming to me, offering all these incentives? It stinks.

Thanks once again for your response.

To simplify: 1) The tenant is provided by the Council 2) The tenant receives benefits 3) But contract is between tenant and myself not with Council.

The tenancy is for a fixed term being 24 months.

I don't mind returning the part of the incentive prorated for the unexpired period. That was paid quickly!

Can I then not use section 12, as you state, no justification approach? I thought section 8 was much easier to use than sections 12?

What about if the propoerty were to be reoccupied as main dwelling? Would that make a difference, be allowed/succeed?  Would I then not after be able to sell property?

From internet research that I conducted, I thought it would have been possible, although not confirmative, for tenancy to be terminated on sale of the property. The only thing I thought remained was only to confirm the sort of penalties that arose to compensate tenants for loss of dwelling. Is there absolutely no legal workaround on this one?

It's section 21, not 12.

And no, if you have a fixed term tenancy for 24 months, you have a fixed term tenancy for 24 months.