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I would like to give my tenants a years notice to vacate my flat so I can sell it as I’m retiring, but sure I read somewhere that a Section 21 can only be served with 6 months to go? Could someone on here let me know if my thinking is correct and if there is another way I could let them know formally if that’s the case? After the initial 1 year term, the contract is now just rolling one. I want them to have the flexibility of leaving anytime within that year if they find the right place earlier than expected. They are friends and know this will be happening.
Many thanks.
Why don't you just write to them to tell them you plan to issue S21 on date X effective date Y?
As they're already on a rolling contract, they should already know they can leave anytime.
Just let your tenants know that you’re selling up in a year, and they will be getting section 21 in six months.
I thought it might be that obvious, just wanted to check, thanks for the quick replies. Appreciate it, I will follow that route.
Best not to do it at 6 months, more like 5. If you do it at 6 it will give you no time to prepare court documents if needed. Better to give yourself a grace period to prepare any enforcement action. If you are open with the tenants serving at 6 months isn't relevant as they know anyway.
If the rent reform bill comes in it is likely you will need to give 4 months notice but not via S21 or form 6A. There will be a different mechanism.
Be careful with waiting to issue a section 21 as the renters reforms could make you unable to serve section 21 and we don’t know what will replace this to give notice for sales (I suspect it’d become a section 8 justification)
But from my understanding 6 months is your maximum time scale for a section 21.
Maybe issue the section 21 towards the end of the year giving them (effectively) 6 month from that point but let them know now what your plans are verbally so that they can start planning accordingly.
You could even market the property with tenant in situ if that would give you all better flexibility although it may then take longer to sell
Even with the renters reform getting rid of s21s, as he would be evicting with the intention of selling he would issue a section 8, but the minimum notice is 4 months not 2.
> but sure I read somewhere that a Section 21 can only be served with 6 months to go?
Not how you worded it, but a Section 21 is only valid for six months. If you want to give them 12 months notice, tell them you will be issuseing one in six/seven months and you wanted to give them enough time.
> After the initial 1 year term, the contract is now just rolling one.
You can therefor issue a Section 21 at any time.
Odd that nobodies mentioned that section 21s will likely be banned by then?
But whatever, the intention is apparently that there will still be a comparable mechanism available for landlords who wish to sell, as is the case here.
I gave the section 21 two months before.
You’re nice to give them lots of notice of your plans