Hi everyone, so my situation has changed recently and I am now currently a tenant myself as well as a landlord. I only intend to rent for a year and I’m wondering, although I’d absolutely hate to do it, am I allowed to serve notice on my tenants to live there myself, or does there have to be a much better reason? All comments from landlords appreciated, tha.
There is no better reason Go for it
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You don’t have to give a reason if serving a section 21
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Is it only 1 months notice I have to serve? I’m on a rolling contract with my tenants now. I’d like to give them a lot longer though. Thanks.
Serve a section 21, hopefully all the paperwork is in order
Thanks. Is that just 1 months notice then?
No, a s21 is 2 months. I’m sorry to say this, but its alarming that you don’t know something so basic. I think you need some landlord training if you intend to carry on letting and you may need help with this eviction, where there are many many things that can go wrong and defeat the claim if you don’t know what you’re doing.
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Thanks. I’ve never had to consider such a thing. I’ve been a landlord nearly 4 years and always been blessed with perfect tenants. These are perfect too, hence it’s a big decision.
To be fair to the lady she has come on here to get advice.
As a new landlord I wanted to do everything right and did the rent smart wales course and exam. Some things just don’t stick in your head when you don’t have to use the info and it’s really helpful having fellow landlords guide and advise As you have done. That’s what makes this a great community
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Sarah a couple of suggestions.
You will need to do an inspection first say 3 weeks before they vacate, give notice S21.
From your inspection you will find things need doing, decoration, replacement, repair.
To allow for these to be done and deducted from your income for tax reasons, these items must be done whilst you have a tenant in situ, or in between rentals, in your case the former is important. I’m sure you’ll find a way to liaise with your tenant to achieve this and minimise any moving out marks etc…
Bear in mind they may not find another place quickly, so you need to balance your own situ with this.
Good luck.
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Many thanks, I would like to try to give them 4 months. They are truly lovely. Your advice is really helpful. 
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I am sympathetic because we wish to retire from our lettings business and the last few houses in the portfolio are presenting exactly the same problem you describe: good tenants who have been in their home for ages. It’s very hard psychologically to serve s21 notices in these cases. But we all have to look after ourselves in this life and you have a sound reason to regain possession.
You can give 4 months notice because 2 months is a minimum, not a fixed period.
Housing Act 1988, s21:-
Recovery of possession on expiry or termination of assured shorthold tenancy.
(1)…a court shall make an order for possession of the dwelling-house if it is satisfied—…
(b) the landlord or, in the case of joint landlords, at least one of them has given to the tenant not less than two months’ notice stating that he requires possession of the dwelling-house.
…
(2)A notice under paragraph (b) of subsection (1) above may be given before or on the day on which the tenancy comes to an end; and that subsection shall have effect notwithstanding that on the coming to an end of the fixed term tenancy a statutory periodic tenancy arises.
…
(4)Without prejudice to any such right as is referred to in subsection (1) above, a court shall make an order for possession of a dwelling-house let on an assured shorthold tenancy which is a periodic tenancy if the court is satisfied—
(a)that the landlord or, in the case of joint landlords, at least one of them has given to the tenant a notice in writing stating that, after a date specified in the notice… not earlier than two months after the date the notice was given, possession of the dwelling-house is required by virtue of this section; and
(b)that the date specified in the notice under paragraph (a) above is not earlier than the earliest day on which, apart from section 5(1) above, the tenancy could be brought to an end by a notice to quit given by the landlord on the same date as the notice under paragraph (a) above.
Note: there is no need for a s21 notice to expire at the end of a period of the tenancy if the tenancy is in England. The rules in Scotland, Wales, and Northern Ireland are different.
Housing Act 1988, s21
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Thank you so much, and I hope you enjoy your retirement.
Why don’t you just talk to them and see if they are amenable to moving out of their own accord. I presume, as you say they’ve been perfect tenants, you would want to give them a fair chance to find alternative accommodation.
If you issue a section 21, it will be to a fixed date 2 months hence, and it’s a court process for obtaining a possession order, at a cost. You could save yourself all the effort and potential acrimony, if you get their mutual agreement to the arrangement.
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Hi Chris, yes that’s what I will be doing. Never having had to consider such a thing before, I assumed it was one and the same thing, hence me asking for advice from much more seasoned landlords. I’m planning on speaking to them 4 or 5 months before I need them to be out. Feel truly awful though. Thanks for the advice.