I originally let my property to 1 tenant, let’s call them tenant X, last Summer for 6 months on an AST basis.
3 months into the tenancy I found out tenant X was actually living in the property with his wife, Tenant Y. I was confused at this discovery as i would have let the property to them both subsequent to satisfactory checks. Tenant X had lied to me about wanting to rent the property on his own and moved his wife in almost immediately as i found out from the neighbors they thought a couple lived there from the beginning.
Tenant X lost his job and decided not to pay rent and soured the relationship (as i was aware he had the funds to pay rent but chose not to anyway). We managed to somewhat reconcile the situation as he paid up the rental arrears and we signed a new 6 month AST, this time i included his wife on the contract as well and he paid 6 months in advance (with the clause stating it is advance payment of rent and to continue as a monthly periodic thereafter).
I decided to issue him and his wife a Section 21 notice the day after the new contract was signed, as a proactive measure to allow me to start court proceedings should i need to after the 6 month period. This section 21 notice was for 6 months and a few extra days as i was nervous about the timings.
My question is a technical one; is my section 21 notice valid given i have added Tenant X’s Wife to the contract as well now? I understand that you cannot issue a section 21 notice within the first 4 months of a new AST, but i am hoping this counts as a continued contract, given it’s the same tenant, and his wife has been living there since the beginning in secret anyway.
Thank you for reading, and thank you for any guidance.