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  • Legal FAQs

    AST end date and Section 21

    One of my BTLs is on a 6 month AST and the tenant has proved to be an unreliable payer.

    I have told the agent if the payment record doesn't improve I don't want to extend the tenancy beyond that period (I've been thinking of selling it anyway).

    However the agent tells me that in order to enforce that I'd still have to go through the whole Section 21 / 2 months notice / court eviction malarky, just as if the tenancy had gone periodic. (I'm aware of the tenancy having to be at least 4 months old before you can do that.)

    Is the information I was given correct and if so what actually is the purpose of the end date? Based on the above it doesn't seem to make any difference.

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    All the best

    Andy

    Well the tenancy automatically continues unless you serve a section 21 notice so yes the advice is right. The point of an end date is that I’f there is not one then you cannot serve an s21 at all. You can have a tenancy which is periodic from the start. A fixed term tenancy is partly for a tenants benefit too so they have confidence that they will have a fixed period of time in the property

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    David Smith
    Landlord & Tenant Solicitor
    Anthony Gold Solicitors

    Find me on LinkedIn: uk.linkedin.com/in/dsnsmith

    All opinions are my own and do not reflect those of my firm. No comment made should be taken as legal advice and you should consult a solicitor or other legal professional for advice on your specific situation.

    To add to what David has already said, the end date is also there for the tenant. If the tenant wishes to leave, then s/he can do so at the end of the tenancy. However, in the event, the tenant does not voluntarily leave, then you have to go through the eviction process.

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    Ummmnnn the tenancy continues even if s21 served, even if valid, even after s21 expires.

    Sincerely hope agent served s8g10 for each and every time tenant underpaid or paid late.

    But yes, to end a tenancy as a landlord you have to serve valid notice, take to court, get PO, get bailiffs/HCEO to execute PO.

    Perhaps join NLA or RLA and do some education?

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