Fixed term end date and notice required to take back possession

My tenants 12 month fixed term AST is due to finish in 3 months, if I wish to take back possession on the finish date am I able to give my tenant the 2 months notice on the 10th month or can I only give the 2 months notice on the finish date effectively meaning it will run to 14 months?

In your scenario, a Section 21 Notice seeking Possession can be given now which states that you are seeking possession after the last day of tenancy.
It must always be with at least two calendar month’s notice for the usual monthly rental payment arrangement.

Four months must have passed from the start of a fixed term as a minimum before a S21 Notice (also referred to as a ‘no fault’ Notice) can be served.

Form 6A Section 21 Notice Seeking Possession is the document for terminating typical AST’s (Assured Shorthold Tenancy) in England. Be sure you issue or ‘serve’ it correctly, bearing in mind any mention of how it should be served in the Rental Agreement, where applicable.
As a courtesy, it is worth considering advising by email that a S21 Notice is en-route. If there is no ‘problem,’ don’t create potential for one. If they didn’t want to go, it’s a distressing correspondence to receive and most especially with no warning

Peter B.
Member NLA (accred)

1 Like

Thank you for your kind response Peter. That does clear my confusion. I was under the impression I may not be able to serve the S21 until the finish date itself.
Kind regards