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Question

Landlord Wants Tenant to Leave (England)

New AST from April 2017

27 Mar 2017 | 1 comment

What is the earliest date a tenancy can be ended on a new AST contract under the latest legislation please?
I understood the first 6 months a landlord cannot do anything (standard 4 months before serving two month notice), but a draft tenancy contract I have been provided states non-termination until after 8 months.

And if during this ‘prohibited’ period the tenant falls into arrears am I still unable to end tenancy?

Tenant also wants 24 month AST contract (but will still be paying monthly) which seems to cut down on admin costs due to renewal at 12 months (unless lapsing onto periodic) and will provide for only one statutory non-break period which also seems good. Have I missed anything I should be wary of?

Many thanks
Louise

Answer

1 Comment

  1. guildy

    This sounds from what you describe as a 24 month tenancy with a break clause at month 8. The ability to ask them to leave just after month 6 would need a tenancy of no longer than 6 months. It is contractually possible to extend that in the tenants favour (by giving a longer tenancy or saying possession won’t be sought for x months).

    If they fell into arrears during this time, you could still serve the section 8 notice as that can be done even during the fixed term. However, it’s always useful to have the ability to serve a section 21 at the earliest possible time so a 6 month tenancy (with no other restrictions) would always be strongly recommended.

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