Ending an AST Agreement

by Readers Question

13:48 PM, 3rd February 2014
About 7 years ago

Ending an AST Agreement

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Ending an AST Agreement

Hi All,

Simple question which I guess a lots of people must have asked in the past.

I have a council tenant who is renting my house. He has signed a AST agreement which expires on 24th April 2014. Rent is paid four weekly.

I now intend to move back into this house as soon as this AST agreement ends i.e. 24th April 2014.

Question:

1. What notice do I need to serve the tenant, section 21??

2. When do I need to serve this notice? From my understanding the date I serve this notice is very important

3. Is there any templates someone can point me towards to get a example copy of a section 21 and what it should contain?

4. With the council involved, the tenant will go to the council and the council will dig there heals-in and most probably tell the tenant to stay put in the house. What is my next option if the tenant does not move out by 24th April?

Thanks in advance for your help and advice. Ending an AST Agreement

Regards

Sam



Comments

Mark Alexander

13:55 PM, 3rd February 2014
About 7 years ago

Hi Sam

The sooner you can give notice the better. You tenant will appreciate this.

If at all possible ask to meet with your tenant so that you can explain the situation. It could be a bit stressful for them so bear this in mind.

Offer to help them find a new property using our Property Research Tool - see >>> http://www.property118.com/property-search-tool/ and if at all possible, let them know that you are happy to release them early from the contract if they want to move sooner rather than later.

Other reassurances you can offer are the promise of a good reference.

From what you have said your tenancy is still in its fixed term state. On that basis you will need to serve a section 21 (1b) notice and give AT LEAST two months notice. Do it now though and make the expiry date of the notice the last day of the tenancy. This will give your tenant plenty of time to find somewhere new.

Good luck and if you need some relative inexpensive professional to make sure that you get all the paperwork right please see >>> http://www.property118.com/tenant-eviction/39099/
.

Industry Observer

14:17 PM, 3rd February 2014
About 7 years ago

The whole key here is the comment that rent is paid four weekly.

Please tell me this is not a lunar monthly payment period and you mean they get LHA four weekly but that the agreement provides for the rent to be paid on same rent due date every month?

What date is the RDD stated as being?

Mark Alexander

15:00 PM, 3rd February 2014
About 7 years ago

Reply to the comment left by "Industry Observer " at "03/02/2014 - 14:17":

What is RDD?

I'm sure it will be blindingly obvious what you tell me but ........
.

Industry Observer

15:09 PM, 3rd February 2014
About 7 years ago

Rent Due Date

Romain Garcin

15:10 PM, 3rd February 2014
About 7 years ago

If the tenancy is a fixed term tenancy to end in April, it is not important how often the rent is paid or payable.
As suggested by Mark you should serve s.21 notice to expire on or after the tenancy's expire.
Date of service is unimportant, what is important is that at least 2 months notice be given.

(I think RDD means Rent Due Date).

Edit: Yes it's Rent Due Date as per IO's reply 😉

15:11 PM, 3rd February 2014
About 7 years ago

Hi Sam,

You can get all the necessary documents you need from Landlord Law.

Also, a bit of lateral thinking - you can incentivise the tenant to leave. 🙂

Offer them a payment to move out. It can short cut nastiness and a long, drawn out process.

Mark Alexander

15:19 PM, 3rd February 2014
About 7 years ago

Reply to the comment left by "Industry Observer " at "03/02/2014 - 15:09":

Doh!
.

Industry Observer

15:30 PM, 3rd February 2014
About 7 years ago

@Romain

In one sense you are right, because the date is 24th April and could be served now to that end date. But take it from me that it matters very much how often the rent is due to be paid if the tenancy agreement specifies it is weekly or lunar monthly. It will matter if for any reason the notice is not served this month and the tenancy goes periodic.

If you don't believe me just imagine a 6 month AST starting say 5th February 2008 with lunar monthly contractual payments and tell me when the end date of a s21(4) would fall due.

Tip - don't waste to much time on it but you'll soon see why the rent due date matters very much

Romain Garcin

15:36 PM, 3rd February 2014
About 7 years ago

Reply to the comment left by "Industry Observer " at "03/02/2014 - 15:30":

Yes of course the rent periodicity will matter if Sam wants to serve a s.21 notice after 24th April.
However, it does not matter now, and it makes sense for Sam to serve notice now, or at least before 24th April. No point to digress.

Industry Observer

15:51 PM, 3rd February 2014
About 7 years ago

Just learn from the general advice instead of inventing new words (peridicity? - you mean frequency I assume) that rent payable 4 weekly contractually is a nightmare. I still deal with Landlords who with LHA tenants make the rent payable 4 weekly as well.

In this case clearly Sam means the rent is paid 4 weekly by the Council i.e. because it is a LHA tenant

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