Ending tenancy - give tenants minimum notice or more?
Discussion
I use an agency to rent my house out. Tenants moved in April 2023 on a 24 month tenancy.
However, there is a break clause in the tenancy and I want them to move out in March - one month before the tenancy would end. If I wasn't doing this, I suspect they'd have been happy to continue living there when the tenancy renewed.
The agreement says it needs to be on an anniversary date - which means 21st March. So .....
I could tell them now that they need to leave on 21st March - which gives them over 3 months to find somewhere albeit with Christmas in the middle.
Or, I could wait until a few days before 21st Jan and give them the legally required minimum.
I think doing it early gives them more chance of finding somewhere and less chance I'd have tenants refusing to move out. But equally, although they've been reasonable tenants it also gives them more time to become a pain if they choose to.
Which would you do?
However, there is a break clause in the tenancy and I want them to move out in March - one month before the tenancy would end. If I wasn't doing this, I suspect they'd have been happy to continue living there when the tenancy renewed.
The agreement says it needs to be on an anniversary date - which means 21st March. So .....
I could tell them now that they need to leave on 21st March - which gives them over 3 months to find somewhere albeit with Christmas in the middle.
Or, I could wait until a few days before 21st Jan and give them the legally required minimum.
I think doing it early gives them more chance of finding somewhere and less chance I'd have tenants refusing to move out. But equally, although they've been reasonable tenants it also gives them more time to become a pain if they choose to.
Which would you do?
Edited by davek_964 on Sunday 8th December 17:56
Well only a tenant or a court can end a tenancy. More notice will hopefully mean they play ball and more chance of them finding somewhere / move when you desire. Their tenancy automatically becomes rolling after a fixed term.
If they are outside the fixed term, maybe give notice via a section 21. If you give notice in a friendly way as per contract and they don't move out, you will end up issuing a section 21 and having another 2 month wait if they don't leave as intended.
If they are outside the fixed term, maybe give notice via a section 21. If you give notice in a friendly way as per contract and they don't move out, you will end up issuing a section 21 and having another 2 month wait if they don't leave as intended.
guitarcarfanatic said:
Well only a tenant or a court can end a tenancy.
Er, no. The tenancy agreement has a break clause for landlord or tenant. They may well refuse to move out - in which case I would obviously need to issue section 21, go to court etc etc. But I'm an fully entitled to ask them to move out with appropriate notice.
We've been landlords for over 15 years and have >10 properties; our philosophy is to treat people the way we would want to be treated and on balance think it’s worked in our favour over the years
So I would do it sooner, formally via Section 21 notice (ie don’t leave Section 21 as option for later problems), but explain to them verbally in advance of issuing so it comes as no surprise - nobody likes a surprise legal notice…
Also offer to give them a good reference assuming property left in good condition, and explain that your reason for notice is your requirements, nothing to do with them, great tenants etc. You can get Section 21 template on government website
So I would do it sooner, formally via Section 21 notice (ie don’t leave Section 21 as option for later problems), but explain to them verbally in advance of issuing so it comes as no surprise - nobody likes a surprise legal notice…
Also offer to give them a good reference assuming property left in good condition, and explain that your reason for notice is your requirements, nothing to do with them, great tenants etc. You can get Section 21 template on government website
beedj said:
We've been landlords for over 15 years and have >10 properties; our philosophy is to treat people the way we would want to be treated and on balance think it’s worked in our favour over the years
So I would do it sooner, formally via Section 21 notice (ie don’t leave Section 21 as option for later problems), but explain to them verbally in advance of issuing so it comes as no surprise - nobody likes a surprise legal notice…
Also offer to give them a good reference assuming property left in good condition, and explain that your reason for notice is your requirements, nothing to do with them, great tenants etc. You can get Section 21 template on government website
Thanks. So I would do it sooner, formally via Section 21 notice (ie don’t leave Section 21 as option for later problems), but explain to them verbally in advance of issuing so it comes as no surprise - nobody likes a surprise legal notice…
Also offer to give them a good reference assuming property left in good condition, and explain that your reason for notice is your requirements, nothing to do with them, great tenants etc. You can get Section 21 template on government website
I rent via an agency and have no wish to deal with the tenants directly.
I'll contact the agency next week and see what process they follow.
Although I understand the other comment about not ruining Christmas, I think with the rental market the way it is they may prefer the extra notice
I agree with the comments about giving the tenants as much time as possible to find a new home, I’d also suggest you be flexible with them if they find somewhere sooner and allow them to leave early without penalty (other than any damage monies dealt with via their deposit).
One thing that does intrigue me is how you propose to serve notice if not via Section 21 or Section 8. Having a break clause doesn’t mean you can serve notice in any way you like, you still have to comply with the other legalities.
One thing that does intrigue me is how you propose to serve notice if not via Section 21 or Section 8. Having a break clause doesn’t mean you can serve notice in any way you like, you still have to comply with the other legalities.
rhamnousia5 said:
I agree with the comments about giving the tenants as much time as possible to find a new home, I’d also suggest you be flexible with them if they find somewhere sooner and allow them to leave early without penalty (other than any damage monies dealt with via their deposit).
One thing that does intrigue me is how you propose to serve notice if not via Section 21 or Section 8. Having a break clause doesn’t mean you can serve notice in any way you like, you still have to comply with the other legalities.
I will inform the agency I pay. I fully expect them to follow whatever legal procedure is needed - whether that is section 21 or something else.One thing that does intrigue me is how you propose to serve notice if not via Section 21 or Section 8. Having a break clause doesn’t mean you can serve notice in any way you like, you still have to comply with the other legalities.
davek_964 said:
I use an agency to rent my house out. Tenants moved in April 2022 on a 24 month tenancy.
However, there is a break clause in the tenancy and I want them to move out in March - one month before the tenancy would end. If I wasn't doing this, I suspect they'd have been happy to continue living there when the tenancy renewed.
The agreement says it needs to be on an anniversary date - which means 21st March. So .....
I could tell them now that they need to leave on 21st March - which gives them over 3 months to find somewhere albeit with Christmas in the middle.
Or, I could wait until a few days before 21st Jan and give them the legally required minimum.
I think doing it early gives them more chance of finding somewhere and less chance I'd have tenants refusing to move out. But equally, although they've been reasonable tenants it also gives them more time to become a pain if they choose to.
Which would you do?
21st March wouldn’t be an anniversary date? However, there is a break clause in the tenancy and I want them to move out in March - one month before the tenancy would end. If I wasn't doing this, I suspect they'd have been happy to continue living there when the tenancy renewed.
The agreement says it needs to be on an anniversary date - which means 21st March. So .....
I could tell them now that they need to leave on 21st March - which gives them over 3 months to find somewhere albeit with Christmas in the middle.
Or, I could wait until a few days before 21st Jan and give them the legally required minimum.
I think doing it early gives them more chance of finding somewhere and less chance I'd have tenants refusing to move out. But equally, although they've been reasonable tenants it also gives them more time to become a pain if they choose to.
Which would you do?
What exactly does the break clause say? (Most I’ve seen are very precise in terms of when they can be used)
LooneyTunes said:
21st March wouldn’t be an anniversary date?
What exactly does the break clause say? (Most I’ve seen are very precise in terms of when they can be used)
It is clear.What exactly does the break clause say? (Most I’ve seen are very precise in terms of when they can be used)
It is a 24 month tenancy with a break clause - for tenant and landlord - any time after the initial 12 months. With at least 2 months notice.
By 'anniversary' date, I meant that the tenancy is clear that it needs to end at the end of a full month. So giving 2 months notíce and asking them to exit on the 10th of the month is not ok. It has to be the 21st because they moved in on 22nd and rent is paid on 22nd.
I am entirely happy that the tenancy allows me to ask them to leave, how much notice I need to give and what date it needs to align to.
The agency is paid to handle the logistics, so I'm not really that bothered about the paperwork.
I was simply curious on opinions of whether I should give as much notice as I'm able to.
Edited by davek_964 on Sunday 8th December 17:52
What I’d do then would be to have a chat sooner rather than later but then formally serve notice in the new year.
There’s never a good time for a tenant to be told you want the place back. You don’t want them panicking over Christmas but equally it might change their mind about how far they push the boat out if they know they’ll have moving costs in a few months.
There’s never a good time for a tenant to be told you want the place back. You don’t want them panicking over Christmas but equally it might change their mind about how far they push the boat out if they know they’ll have moving costs in a few months.
davek_964 said:
Er, no.
The tenancy agreement has a break clause for landlord or tenant. They may well refuse to move out - in which case I would obviously need to issue section 21, go to court etc etc. But I'm an fully entitled to ask them to move out with appropriate notice.
Yes - but regardless, they can choose to sit tight and wait for you to issue section 21 and get the court order for repossession. Your post seemed to think you could force them to leave on a certain date, but you can't - regardless as to what the contract says. As I stated, only a tenant or a court can end a tenancy. The tenancy agreement has a break clause for landlord or tenant. They may well refuse to move out - in which case I would obviously need to issue section 21, go to court etc etc. But I'm an fully entitled to ask them to move out with appropriate notice.
So my advice stands - give as much notice as possible, and do the formal S21 route at the earliest convenience as the 2 month period, plus another few months of court will mean you entirely miss your target date if they didn't play ball. Them being good tenants should hopefully mean it's entirely painless.
guitarcarfanatic said:
Yes - but regardless, they can choose to sit tight and wait for you to issue section 21 and get the court order for repossession. Your post seemed to think you could force them to leave on a certain date, but you can't - regardless as to what the contract says. As I stated, only a tenant or a court can end a tenancy.
So my advice stands - give as much notice as possible, and do the formal S21 route at the earliest convenience as the 2 month period, plus another few months of court will mean you entirely miss your target date if they didn't play ball. Them being good tenants should hopefully mean it's entirely painless.
Incorrect. Landlord can end tenancy by issuing Section 21 notice, as long as the termination date is after the initial term (normally 6 months, unusual this one is 24) or in accordance with a break clause provision. A court order ('possession order') is only needed if the tenants ignore the S21 notice and refuse to vacate. Of course this might all change next year with proposed abolition of S21 notices….So my advice stands - give as much notice as possible, and do the formal S21 route at the earliest convenience as the 2 month period, plus another few months of court will mean you entirely miss your target date if they didn't play ball. Them being good tenants should hopefully mean it's entirely painless.
However, my advice is essentially same as yours,, issue the S21 and give notice (effectively one and the same) asap - I doubt you have to ISSUE the notice on an anniversary date - it’s more normal that the termination must TAKE EFFCT on an anniversary date - your tenancy agreement should make this clear
Gassing Station | Homes, Gardens and DIY | Top of Page | What's New | My Stuff