Ending tenancy agreement paperwork?

Hi Zoe,

I depends if you are going the section 8 (two months or more in arrears) route or section 21 standard notice form 6A

>> https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/515658/Form_6A_INTERACTIVE_FINAL_Possession_property.pdf

>> https://www.gov.uk/guidance/assured-tenancy-forms

A s21 notice will be deemed invalid if landlords have failed to provide the tenant with an EPC, Gas Safety Certificate or How to Rent Guide
or
Failed to register a tenant’s deposit and provide the prescribed information to the tenant within 30 days of the commencement of the tenancy.

If you do not want the tenancy to extend beyond 6 months, then you have to go the Section 8 route. This is because for a S21
a) you have to give at least 2 month’ notice and
b) you cannot give notice in the first 4 months of the tenancy.
Thus S21 notice cannot end at the end of the fixed term, and must be a few days after the end of the fixed term (despite assurances by the Minister during the Lords’ debate that it would be possible to serve a valid notice for possession that expires at the end of the 6 month fixed term).

In either case, the notice must be served in the prescribed form, so you cannot just “send a letter”.

If the tenant fails to leave, then you will need to take legal action to remove him.

Interesting…… my understanding is that a 6 month fixed term AST will naturally end at the end of the fixed term.
No notice needs to be given by the tenant, he can simply vacate. So doesn’t the same apply to the LL – he’s not legally required to give any notice as the AST will end naturally. Obviously this wouldn’t apply if the AST were to become periodic.

If the tenant does not move out at the end of the tenancy he has the right to stay on until he is evicted by a Court order with all the protection accorded to him of a bona fide tenant – whether he is in arrears or not. If he is already two months in arrears he may be purposefully orchestrating his extended possession of your property and continue to withhold rent until such time as you get a successful eviction. Depending on how compliant you have been with the slew of punitive landlord requirements this could take at least six months.
Get professional advice on how to deal with him now. Difficult tenants are very aware of their rights. And use them to their advantage.

Zoe,
If your not absolutely confident ( as it seems ) then you would be better getting professional help with this tenant and get yourself on a Landlord Foundation course, joining a Landlord Association such as NLA.
PossessionFriend.uk

Reply to the comment left by Pete Lightowler at 26/03/2018 – 18:39
The AST automatically becomes periodic at the end of a 6-month fixed term contract. There is nothing a Landlord can do to stop it.

If you are a landlord, then I hope you have an agent handling all your legal obligations, otherwise you are likely to find yourself in big trouble.

Thanks everyone, I have had plenty of tenancy’s end but I have been fortunate enough to never have to evict before so I was a bit unsure on the documents required for this.

Reply to the comment left by Neil Patterson at 26/03/2018 – 10:16
Thanks Neil, that’s exactly what I was after. All the deposit requirements and documents you listed were correctly completed at the start of the tenancy