Wanting to return to my rented out property

Landlord Discussion Legal
1

Hello,

my tenant has been signing 12 month ASTs. They currently into their 3rd year, and about to start month 6 of the 12 month agreement. I would very much like to return to my property in 3 months. They have always paid, and inspections are spotless.
Just wondered what is the best way to go about amicably suggesting they leave in Dec/ Jan rather than March.
I am worried if I suggest to them informally, or let them know early (now) I do not plan to renew again, and want to move in, it may be seen as disturbing the ‘quiet enjoyment’, or do I wait until 3 months before and give a hard ‘I will not be renewing’.
I want to give them time to find a place, but not cause them panic, ofcourse I also won’t be expecting them to make up any lost rent for 3 months.
Do I also need to give a reason? I really want to move back.
kind regards,

2

You are removing someone’s home from them. Considering the force of the impact that this will have on them (and their family if they live with anyone), I think it would be at least courteous to give them a reason for that.

3

Its all by negotiation since you have no rights to return, so its up to you what you say. Be prepared for them to say no which would not be unreasonable.

4

I would not at least surprised if it takes at least a year before you get your property
back

5

Had you let your AST roll into a periodic monthly tenancy, rather than renew, you would have been able to serve valid notice now.

I’d suggest you have a chat with them & see if they think they will be able to move out in 3 months, and if not, give them advance informal notice that you will be serving notice on them to leave at the end of the 12 month contract. Then, i would recommend you speak to an eviction specialist about serving notice to them, unless you are confident of the S21 regulations & requirements.

6

If section 21 is still available, [quote=“Ricky10, post:1, topic:70689”]
or do I wait until 3 months before and give a hard ‘I will not be renewing’.
[/quote]

This will not be sufficient if the tenant doesn’t wish to leave. A Landlord cannot end a tenancy, only a tenant or a court can end a tenancy .

7

The best approach would be to have a chat with your tenant and give them a heads up. You certainly can’t return to your property in 3 months as you signed a 12 month agreement.

However, you can allow them to break their 12 agreement, if lets they say find a property. So you can offer them flexibility.

8

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