Selling my rental property to the Local Authority

by Readers Question

9:27 AM, 13th July 2020
About 3 months ago

Selling my rental property to the Local Authority

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Selling my rental property to the Local Authority

Selling my rental property to the Local Authority and need to serve a Section 21 notice to my tenants as well and will be talking to them. I’ve had enough of tenant and landlord regulations/legislation and having had 2 consecutive bad tenants on my other rental property I now want out.

Re Q’s 6 & 7 not sure what to put as the tenants have been on 1 year renewed written AST’s since 29.1.2012 BUT they did not complete the 29.1.20-28.1.2021 AST. I believe they now have a periodic tenancy.

Also can I give just over 2+ months notice on the s21 to have the property returned on the 28.9.2020 taking into account the Covid increased notice period? However, I could have the notice increased to end 28.10.2020, what would anyone advise please?

Many thanks

Judith


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Comments

Neil Patterson

9:31 AM, 13th July 2020
About 3 months ago

Hi Judith,

If there is no new signed fixed term AST then it will default to a Statutory Periodic Tenancy.

Mike T

10:55 AM, 13th July 2020
About 3 months ago

I am also seeking to repossess a property although for a different reason - due to coming to the end of the mortgage term. It looks like a new form 6A has replaced a section 21 . This Form 6A is simply giving notice seeking possession. The only details it asks for is details of Landlord & Tenant along with date tenant required to leave i.e more than 2 months from date of serving. Question is am I using the correct form ?

Porky

11:37 AM, 13th July 2020
About 3 months ago

Reply to the comment left by Mike T at 13/07/2020 - 10:55
Do you need to raise any eviction notice? Have you told the tenant you want to reposess in a few months? They may be happy to seek alternative accommodation and move on their own accord.

Judith Wordsworth

12:59 PM, 13th July 2020
About 3 months ago

Reply to the comment left by Neil Patterson at 13/07/2020 - 09:31
Thank you Neil

Mike T

17:42 PM, 13th July 2020
About 3 months ago

Reply to the comment left by Porky at 13/07/2020 - 11:37
Hi Porky,
I have emailed the tenants and fully explained the circumstances. I have said that I would be as flexible as I can on the time scale, and offered to help in any way if I can. I fear that finding alternative accommodation may be difficult in the area they live. I have effectively given them 4 months notice (and by being flexible if they were able to move sooner it would be OK with me). I felt that by also including the 'formal notice ' (Form 6A) I had maybe covered myself if they didn't move out at the end of 4 months. I welcome any other comments . Thanks for yours Porky. Must admit that a previous long term tenant and family who we had a good relationship with but turned really nasty when the time came for them to move. Finished up costing a lot of money and time , so I'm trying to learn by experience

Joe

10:28 AM, 14th July 2020
About 3 months ago

Reply to the comment left by Mike T at 13/07/2020 - 17:42
Hi Mike. I would like to do the same and let my tenants know more than 2 months notice so I can get the property back by the end of the 12 month tenancy. Is this permitted, or can I only serve the 2 months before? If I can let them know sooner, I will send them an email. Are you able to give me some guidelines on what to put in the email please?

JuliaL

10:41 AM, 14th July 2020
About 3 months ago

Reply to the comment left by Mike T at 13/07/2020 - 10:55
Hi Mike T, We served section 21 back in January, Then covid kicked in. Our tenant was meant to leave April, so couldnt and wouldnt, as she and her family are on the housing list and have no where to go. The housing officer has just been in touch to say that she has just gone through our forms and we have to serve form 6A as from April and must give 3 MONTH notice. We had to give our tenant deposit back and get her to sign all forms to prove we had done it. We have our gas certificates and energy performance certificate ready for October ( the new date of ending tenancy.) What a carry on, however we are lucky that we do get rent paid directly to us, otherwise we would be in trouble. Crazy time. Tenants housing officer has confirmed that we are now ready for possession order if we need it in October. I find the weird thing is having to give deposit back at the end of their tenancy and before they move out, so we landlords would have to chase them for any damages. Good luck.

Mike T

12:01 PM, 14th July 2020
About 3 months ago

Reply to the comment left by Joe at 14/07/2020 - 10:28
Hi Joe. I would suggest you use the 'new' Section 21 form - Form 6A. This is telling the tenant that you wish them to leave on ../../2020 . put in the date of the end of the tenancy. Be sure to give them 3 months notice not TWO (Covid-19 rule change) Also be sure to allow time if posting for it to get to them . Recorded or proof of posting advisable. Just a thought, check this out if applicable ; If the tenancy was set up as a 12 month tenancy you may have to give longer notice. I'm not sure so will check it out. if I find reference to it I'll post it. Others may already know and will tell us .

Mike T

12:11 PM, 14th July 2020
About 3 months ago

Form 6A page 2 , 2nd para. states ' if you have a periodic tenancy which is half yearly or annual, you must give at least 6 months notice (which is the maximum)'.
I'm not sure if a tenancy is classed as 'periodic' while its still in it's first year. Either way serve a notice to terminate the tenancy as soon as you can. Some landlords, in the past, served notice almost at the same time as completing the initial tenancy agreement.

Robert Mellors

16:08 PM, 16th July 2020
About 3 months ago

Has the Local Authority already agreed to buy your property? Do they require vacant possession or could they purchase it with the tenant in situ? If the LA are insisting that you evict your tenants, prior to completion of their purchase, surely that is contrary to their corporate homelessness strategies, as they would be forcing a family into homelessness? Are the Council willing to rehouse the family they are forcing you to make homeless?

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