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Jason H · 23-09-2012, 10:44 AM

Hi Everyone

I have a studio flat currently let to a LHA tenant, the initial 6 month AST expired on September 30th and I have not got round to renewing it. I have two questions:

1. Can I back date a new AST?

2. I want to sell the flat, how can I now have the tenant on an AST and give one months notice?

Any help much appreciated.

Regards

Jason

Chris Francis · 23-09-2012, 11:00 AM

Jason,
If you want to sell your place, why not leave it as it is. He is on a periodic tenancy now. New ASTs will be for a minimum of 6 months.
BTW - you need to give 2 months notice not 1.

Glenn Ackroyd · 23-09-2012, 11:28 AM

(23-09-2012 10:44 AM)jason_h Wrote: Hi Everyone

I have a studio flat currently let to a LHA tenant, the initial 6 month AST expired on September 30th and I have not got round to renewing it. I have two questions:

1. Can I back date a new AST?

2. I want to sell the flat, how can I now have the tenant on an AST and give one months notice?

Any help much appreciated.

Regards

Jason

You can never 'back date' an tenancy agreement.

You should prepare and serve a section 21 - you can get a free one done, completed and with the dates worked out for your here

You must give a minimum of 2 months notice - however once done, it lasts forever (unless you create a new tenancy) - so you can tell your tenant that after expiry, they can stay and you'll give them one month notice in writing to leave.

Dave Reaney · 23-09-2012, 12:32 PM

(23-09-2012 11:28 AM)Glenn Ackroyd Wrote: serve a section 21 - you can get a free one done, completed and with the dates worked out for your here

I know I am biased - but I have used the above link this morning and it is not 100% reliable. If Glen would like to contact me off-forum I am happy to explain why.
A legally valid s21 can be obtained here
[Image: s21qr_compact.png?778]

Jason H · 23-09-2012, 04:19 PM

Thanks to you all for your replies, its really appreciated.

Glenn, I went through the form filling process, the email arrived (after swapping to IE from fire fox) but when I click on the link to retrieve the completed sec 21 form I get the following error:

An error occurred during a connection to http://www.quickbaseutilities1.com.

Renegotiation is not allowed on this SSL socket.

(Error code: ssl_error_renegotiation_not_allowed)

Is this my laptop or your website?

Regards

Jason

Dave Reaney · 23-09-2012, 07:38 PM

(23-09-2012 11:28 AM)Glenn Ackroyd Wrote: so you can tell your tenant that after expiry, they can stay and you'll give them one month notice in writing to leave.

If you specifically give a tenant permission to stay after the expiry of a section 21 then courts have anecdotally regarded that as the creation of a new (oral) tenancy - rendering the s21 invalid. If you're going to make such a statement to your tenant, then don't do it in writing, making it harder for your tenant to convince a judge that you'd invalidated the s21.

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