We are in the process of getting our house ready for selling and we want to move into the rental when it is sold.
We gave the tenant the 4 months required notice in mid May (section 8 ) so is expiring now (mid September) Our down-sizing is taking longer than we thought and we are happy to let them stay on, and they are happy to do so
is it alright to allow the tenant to stay informally? They are aware that we will need the house in due course, and are willing to leave when the time comes, they say
is it alright to let the tenancy continue, infomally, without us being in danger of creating a new tenancy
I understand the notice is valid for 12 months, during which we could start proceedings, if the tenant did become difficult
has anyone else been in this situation since May 1st
Be aware that if tenant decides not to be accomodating and leave at time to suit then you have to apply to court for possession. Average time between application and bailliffs evicting in 2025 was 8 months. May well be longer post RRA.
Do you have a backup plan/option if tenant decides not to leave?
Why not start proceeding now? You can always hold off taking later steps like bailliff eviction later after the court has granted possession. Cost of court application but that way you are ready to go as soon as suits you, not the tenant
There’s a danger of slippery slopes, that’s all. If I were you I would move it to the next step in law straight away. Go to court. All the legal notices the tenant gets will explain his rights, and inform him that he doesn’t have to leave straight away. So he’s not put in dire straits, but there is a bit of real pressure on him, which is good. And you are more sure that you will have your house when you need it.
The tenancy just carries on. It’s been periodic since 1 May and a section 8 notice doesn’t end it, only the tenant leaving or a court order does, so taking rent past the notice date creates nothing new.
Watch the clock on the notice though. It runs 12 months from the day you served it, not from expiry, so served mid May means issuing a claim by mid May 2027 or serving again and waiting another four months. If there’s any doubt they’ll go when asked, don’t leave that late.
Having relied on Ground 1 you also can’t let or advertise to anyone else until 12 months after the date in the notice, so roughly September 2027. Fine if you’re moving in, a problem if the plan changes.