End Tenancy at end of AST agreement

Landlord Discussion
1

Can someone please advise how I can end an AST tenancy.

My tenant signed a one year tenancy agreement and this is due to expire in July. I do not want to renew the tenancy as for the past 6 months rent has always been late.

I am not sure which notice to serve to advise tenant - at least 2 months in advance - that the tenancy will not be renewed.

Any advice much appreciated.

2

It’s a section 21 notice. It doesn’t automatically end the tenancy, if the tenants don’t leave at end of the notice period you will need to enforce via the courts which will take a long time.

3

Thank you Richard19

I am a little confused though - is Section 21 in fact form 6?

I am aware that I will need enforcement if tenant doesn’t vacate but am hoping for the best!!

Thanks again

4

Section 21 is the type of notice you give for a no fault eviction where fixed term has expired. It is form 6a you need, this form is based on section 21 of the housing act which enables you to end the tenancy.

5

Thank you Richard19

That’s exactly the information I was looking for.

6

hi Richard can you please explain the difference between form 6a and form 3? thanks

7

Hi. They are for different types of tenancy. Form 6a is for assured shorthold tenancy (ast) which vast majority will be. Form 3 is for an assured tenancy which is an older style of agreement.

8

HI - this is the info available

What is a Form 3?

Form 3 is a notice for seeking possession of a property let on an assured tenancy, an assured shorthold tenancy, or an assured agricultural occupancy. It should be used when serving a Section 8 Notice i.e. the type of eviction used when a tenant is in breach of the tenancy agreement and the landlord wants to repossess the property.

1 Like
9

Section 8 notices using form 3 can be used for ASTs and are the fault based notice, such as rent arrears. S21 notices are preferred by most landlords as they cant be defended if the notice is valid. We may not have a choice soon.

10

Hi if you are issuing a section 21 make sure you hand delivery it to them giving them actually 2 months notice. It can be a challenged if you dont do it correctly. Happy to walk you through the process if you wish.

11

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