I have a tenant on a fixed term Assured Short Term Tenancy. We agreed a new eight-month contract last year because, this year, I will need to raise the rent to market value (about £400 more a month) so as to pay a coming rise in mortgage interest. As a very long term tenant, and because the interest rate was so low, I have been keeping the rent low until now.
Issuing the new eight-month contract essentially gave my tenant a good amount of notice and she gratefully agreed to it and to the dates - moving out on 30 April 2024.
She now says she has not secured a permanent job and estate agents will not consider her for new accommodation as she only has zero hours contracts. She’s hunting for a permanent job but fears she might not get one in time.
I understand that
a: I have to serve a Section 21 notice of at least two months.
b: I cannot serve this before six months into the contract (so 29 Feb? The contract started on 1 Sept)
c: I can extend the notice period as a gesture of good will.
My questions are:
1: Can/should I date the Section 21 notice 1 March (and not 29 Feb)?
2: Can I extend the notice period until, say, 31 May, as a gesture of goodwill, and still be within my rights to require her to leave?
Any advice very gratefully received. Thanks in hopes.
The requirement to serve the notice after the first 4 months of the tenancy relates only to the original tenancy providing all the replacements have been continuous. If this is the case, you can serve the s21 notice at at time.
Notices have to be at least 2 calendar months and there are rules about weekends and service after 4:30 on a weekday. There are also rules about adding days for postage. I would suggest you add 4 days or so to cover this.
s21 notices can’t be extended, but they don’t end the tenancy, they’re just a gateway to court action, so you would just delay this. I would say that with this tenant, you are likely to have to go through the full eviction procedure of notice/possession order/bailiffs, which will take 6 to 10 months depending on where you are in the country. That’s if you get it right first time.
You should check whether your notice would be valid by googling “nearly legal s21 flowchart”.
Hi there. As a tenant myself I’m wondering if she’s willing to pay the higher rent? Feel bad for your tenant as she has had a S21 laid on her at the worst time, it seems.
Thanks David. I plan to meet my tenant this week to give her the form in person. I note a witness may be required - although can I not just ask her to sign a form to say that she has received the S21? Do you happen to know?
Youd need 2 copies then. One that you retain. However, she may not be willing to sign. If you dont have a witness, take photos of the delivery date and time stamped.
I was getting conflicting advice from different sources so I joined the NRLA - immediately made some of the cost back with one of their free forms. I also got expert advice speedily and efficiently.
The answers to my questions were:
1: I do need to serve a Section 21 to give notice, but this can be softened with a covering letter. Incidentally, from another source, the tenant can take the S21 to the council who will then be responsible for providing accommodation.
2: I can serve the notice before the first six months is up (for exact limits you’d need to check)
3: It is possible to extend the notice period, so for example, notice could be served on 27 Feb for 31 May (a month later than the 8-month fixed term).
4: It is possible to print 2 copies of the S21 and ask the tenant to sign, and keep a signed copy as proof of delivery. This is in case of meeting in person, which is what we are doing.
