UK Landlord Forum / Life

Hi All,

My partner and I are splitting up and need to sell the BTL property we have together. Not much interest from investors, so we were told to serve section 21 on tenants. The estate agent said, seek legal advice as your (MUDHUT Created) contract doesn't state the notice period.

Does it have to state it if it's in law? BTW both my tenants are lawyers and have been very good as I have been to them.

Thank you in advance.

The notice period is set by the Housing Act 1988, not contractual terms. It's literally a notice pursuant to section 21 of the Housing Act 1988.

Quote from: KTC on March 22, 2022, 10:20:13 PM
The notice period is set by the Housing Act 1988, not contractual terms. It's literally a notice pursuant to section 21 of the Housing Act 1988.

So it is not needed in a contract, thank you

Also, I can't remember if I had given the tenant the "right to rent" booklet.  What happens then with the serving of section 21?

Quote from: LaMon on March 23, 2022, 03:10:46 AM
Also, I can't remember if I had given the tenant the "right to rent" booklet.  What happens then with the serving of section 21?

It's the "How to Rent" booklet.

You need to supply it prior to issuing a Section 21 notice, otherwise the notice will be invalid.

In my experience a Tenant receiving a Section 21 notice can turn... be very offended, feel attacked and even come back fighting (not a great situation if they're Lawyers).

It's a very formal and impersonal notice to have land on your doorstep, especially if it's a surprise.

May I ask (if you have a good relationship) have you communicated your situation to them and assessed whether the Human side can come out? I only ask because you don't say. I don't know who has told you to serve Section 21 on the Tenants, but why is their advice any better?

Quote from: Hippogriff on March 23, 2022, 09:29:07 AM
In my experience a Tenant receiving a Section 21 notice can turn... be very offended, feel attacked and even come back fighting (not a great situation if they're Lawyers).

It's a very formal and impersonal notice to have land on your doorstep, especially if it's a surprise.

May I ask (if you have a good relationship) have you communicated your situation to them and assessed whether the Human side can come out? I only ask because you don't say. I don't know who has told you to serve Section 21 on the Tenants, but why is their advice any better?

Yes, I told him why I need to give him notice, I don't particularly want to serve them with section 21. The estate agents mentioned it, hence I am asking here as had good advice before.
They are very nice people and we have always had a good rapport. He actually said 2 months is short notice and I said it's what's legally needed.
Can I just give them notice via Text or something more formal is needed?

2 months is short notice. Remember there's no requirement for them to move out when the 2 months is up. All it means is that you have the right to start eviction proceedings (which could take many months) at that time.

They could hang on in there for the rest of the year, if they were so minded and the Court system remained blocked-up (I don't know what it's like at the moment).

It's why I was wondering whether there was a different angle of good faith negotiation. You've obviously told them the situation. They understand what's coming, the reason for it is genuine. They might just need a little more time, which you could give.

If you want to do it formally, then you can't use a SMS, no. It has to be that Section 21. Also remember... if they have a fixed term (you can't use that for 2 months anyway if they, say, have 8 months remaining)... there was no mention of this. I assume they're on SPT... rolling monthly.

Regardless of the legal requirement you can let them have a bit longer if you are able to.The bit that puzzles me is how 2 lawyers cannot offer to buy the place from you themselves.Maybe they do pro bono work?

Section 21 notice must be on Form 6A in England.

Quote from: Hippogriff on March 23, 2022, 01:39:36 PM
2 months is short notice. Remember there's no requirement for them to move out when the 2 months is up. All it means is that you have the right to start eviction proceedings (which could take many months) at that time.

They could hang on in there for the rest of the year, if they were so minded and the Court system remained blocked-up (I don't know what it's like at the moment).

It's why I was wondering whether there was a different angle of good faith negotiation. You've obviously told them the situation. They understand what's coming, the reason for it is genuine. They might just need a little more time, which you could give.

If you want to do it formally, then you can't use a SMS, no. It has to be that Section 21. Also remember... if they have a fixed term (you can't use that for 2 months anyway if they, say, have 8 months remaining)... there was no mention of this. I assume they're on SPT... rolling monthly.

It's a rolling contract, and I have found them another place with the same agent!

Quote from: heavykarma on March 23, 2022, 02:07:17 PM
Regardless of the legal requirement you can let them have a bit longer if you are able to.The bit that puzzles me is how 2 lawyers cannot offer to buy the place from you themselves.Maybe they do pro bono work?

Diffrent people, diffrent lives...

Criminal work on legal aid pays what works out to be below minimal wages

Quote from: KTC on March 23, 2022, 08:39:04 PM
Criminal work on legal aid pays what works out to be below minimal wages

yep, but they are not there...