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Which Section 21 Notice for tenants on a periodic tenancy agreement

Started by MtheP, November 09, 2017, 04:54:51 PM

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MtheP

In the summer of next year, I want to sell my rental property. My present tenant's Assured Shorthold Tenancy Agreement ended on 24.10.2017 and since then they have been on a periodic/rolling agreement. They are excellent tenants but I need to sell my property. I know I need to give them 2 months notice from the day after they pay their rent - 24th of each month (am I correct in saying that?). I also know that I need to issue them with a Section 21 Notice to vacate the property, however, on a number of other sites they state that the Section 21 form is slightly different for tenants who have lived in the property since October 2015, I think, but they don't say what Section 21 form to use if the tenant only been living in the property since October 2016. Any ideas or thoughts would ne welcome.

Simon Pambin

If the tenancy started after October 2015 you need to use Form 6a:
https://www.gov.uk/guidance/gaining-possession-of-a-privately-rented-property-let-on-an-assured-shorthold-tenancy#seeking-possession-under-section-21

You must give at least two months' notice but you can give more and, of course, you can let your tenants know your plans on an informal basis before then so that they too can plan ahead and start looking for a new home. (It's easier to sell a property that isn't full of rancorous tenants!)

MtheP


MtheP

What form would you use if the tenancy began before October 2015?

Simon Pambin

I'd still use Form 6A. You can use what you like in theory (as long as you're sure it's a pre-October 15 tenancy), but it's hardly an onerous document and there's no reason not to use it. As it says on Page 1 of the form:

"There is no obligation to use this form in relation to ASTs created prior to 1 October 2015, however it may nevertheless be used for all ASTs."