I haven’t been able to find an answer for this.
We have existing tenants who have been with us on an AST ending April 2025
We plan to take the flat back (probably after the RRB becomes law) as family members are moving in from September. There is therefore potential for the tenants to stay on for a further 5-6 months up to that point
Question: given the RRB will automatically convert AST and periodic tenancies to periodic tenancies, BUT will also introduce a minimum 12 month period before we can take the property back for family, does anyone know if the time served on the existing tenancies will count towards the initial 12 months tenancy under the RRB. If that is the case we can give 2 months notice under the RRB for family occupation
However, if the transition to a periodic tenancy under the RRB creates a new minimum 12 months, we will need to ask the tenants to leave sooner so as not to fall foul of the minimum 12 months which would mean a family member cannot move into the flat in Sept.
Any advice appreciated
I believe that current ASTs will continue as they are currently legislated so if you let the AST go periodic then you’ll be able to give notice anytime after April via an S21. I may be wrong though so someone else will be able to confirm either way.
Are you aware that even if you give notice, the tenants may not leave as notice does not end the tenancy? Are they aware of your plans?
as I suspected… I was wrong. This from the OR blog post about the bill with my emphasis:
Labour’s bill seeks to abolish Section 21 for both new and existing tenancies on the same day
This means that if you do want them to leave and wish to serve an S21, you can do so from 2 months before your current AST ends … on the proviso that the RRB is not law by then. If it is, then you’re going to have to do it on Section 8 grounds that the new law gives … which aren’t entirely clear yet.
thanks vm - the main point I’m keen for clarity on is the the continuity - or not - of the existing tenancy time frame. Under the RRB i cannot serve notice inside the first 12 months. Therefore it’s important for me to know if the time served already counts towards the 12 months or whether, if we let them stay under a periodic tenancy, when the RRB goes live and all tenancies transition, if the 12 month clock restarts. It may therefore be easier to just not renew the tenancy at the end of the AST period (with suitable 2 month notice)
either way, I wouldn’t be looking to renew if you’re looking for possession. Let it go periodic.
You didn’t mention if the T is aware of your plans.
You should be aware that with court backlogs it currently takes about a year to evict a tenant that has nowhere to go or who the Council forces to wait for bailiffs. I would suggest your relatives make contingency plans and that you serve a s21 now as you may not be able to control the timetable.
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