Section 21 required

Hi all,

Would really appreciate some help please

My tenants have been with me for circa 18 months. I’m keen to end the tenancy which is on a rolling contract after the first AST expired. I used the standard open rent contract, and wonder Is the correct process that I give them 2 months notice and issue a section 21.

I have seen articles that suggest that a section 21 is issued at the end of the fixed term contract and I just wanted to check that as my situation is slightly different in that the contract has now progressed onto the rolling contract stage that the section 21 is the correct process

Really appreciate any guidance and thank you in advance.

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Whats reason for issuing a section 21?

Yes, you can serve a s21 if your tenancy is now periodic. I would suggest you google nearly legal s21 flowchart to check if it would be valid.

Hi Frank thanks for your message. We need tenants to vacate because my son is going to move in….so just wonder if I still need to issue section 21, or as the contract has moved from fixed term to periodic ( ie I need to give 2 months notice) whether I just send them an email after chatting to them thanks for your help

Hi David thanks for your help

All I’d say is that you might want to think carefully about the timing of what could be devastating news for them. After the new year would be better than just prior to Christmas if you can manage it.

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If tenants have been good, always pay rent then it would be best to be honest with them, that you would like them to move out as you want your son to move in but you will give them time to find another property. Just telling them to move out in a month near xmas could cause bad feeling and they could refuse to move out then you have to start getting courts involved which can be costly.

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