Our tenant wanted a fixed 12 month contract, and to pay upfront for the whole period. We are now about to move onto a periodic tenancy as he wants to stay on, but isn’t sure for how long, and the Openrent contract allows for that. However, we have now decided to sell the apartment. Can we use Section 21 to gain possession in 2 months time or do we have to give him 12 months notice to leave, ie the same period as the initial contract? I have read that it depends on how the contract was drawn up, but I’m not clear on what should have been written in for 2 months’ notice to be legal. Thanks
Unless you made the tenancy period something other than monthly, you can serve a 2 month s21 now. Add a few days to the 2 months for comfort.
Thank you David, very helpful!
One further question, which I know sounds like semantics, but as we are selling out house and completing asap, it matters!
The Openrent notice says Section 21 notice created 28.08.2024 and then “date required to leave” is 29.10.2024. Does that mean they have to leave by the end of the 28th, so we have vacant possession from the 29th. Or does it mean that the 29th October is their last day, ie possession for us from the 30th October?
Bear in mind, that a Section 21 does not mean the tenant HAS to leave. It asks them to leave. Only a court can order them to leave.If they dont leave by your requested date, you need to go to court, which could take quite a few months.
Please don’t rely on a section 21 expiry date as an intended house sale completion date, as there is a risk you wont have vacant possession for many months after.
The notice is requiring them to leave by midnight on 29th, but as Karl says, be ready to submit a court possession application if they dont leave.
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