I have mistakingly issued a AST each year on the renewal date (believing that i had to do so with the rent rise) so when completing the S21 notice it is saying that they are within 4 months of their tenancy, yet it has been 2 years and 2 months when the contract started and it should have been on a rolling monthly contract. is there a way around this? Should i just issue a S21 by hand and email it? Thank you for any advice
A new AST is a new AST . You have to use the latest contract start date and then serve four months after it commenced.
Previous AST’s are redundant in this scenario
You will have also required service of all paperwork etc at the new AST ( gas, EPC etc)
If these are replacement tenancies with no gap and no change to any of the terms, people or property save for rent, then the 4 month moratorium on serving a s21 notice relates to the start date of the first tenancy and has therefore passed.
Thank you David122… I would have thought so too… the tenants want to leave so it’s a mutual decision but they want a S1 so they can go to the Social Housing… thanks for your response.
Be careful about colluding with the tenant to gain social housing as if the Council believe that youre evicting them solely for this purpose, they could taken action against you as well as them.
You will also more than likely have to take court action to evict the tenant before the social housing is made available, if any is available. @David122 does the issue of a new AST have any effect on the original deposit?
Student tenancies work on an AST renewal every year. Terms may or may not change .
The whole point is the security of a fixed term for both parties .
The start date for a s21 is related to the current contract not from the previous one
Deposit rules and serving notice rules are not the same .
See Housing Act 1988 s21(4B).
If theyre just Replacement tenancies and the deposit is in a custodial scheme, then it remains protected and there is nothing further to do.
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