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Question

Ending a Tenancy (Wales) | Tenant Moves Out (Wales) | Wales

Section 21

6 Oct 2020 | 3 comments

Hi guildy, we want to sell a property and have a tenant living there. I understand we have to give 6 months notice on a section 21. The rent date is due on the 9th of this month so reading about allowing 4 days have I missed the opportunity this month to issue it.

Also, it mentions writing a letter to the tenant, is this the case as you have always told us not to add anything to a section 21.

Is there much difference issuing a section 21 to the old way of doing it. I was going to put it through the letterbox with a photo of me doing it then  send it via the post office with proof of postage on the same day.

Thanks

Answer

3 Comments

  1. guildy

    Apologies for the delay in replying.

    You are correct that it’s six months notice at the moment.

    If you purely rely upon hand delivery, you’ve still time tomorrow as long as it’s delivered before 4pm. Hand delivery before 4pm on a business day is deemed delivered same day.

    Service is exactly the same as you have written.

    The only thing currently though which might delay you serving is a new “pre-action plan”. Although technically this can’t affect the outcome of possession via section 21, a failure to follow could result in delays if a court hearing were needed. That being said, many section 21 notices don’t need a court hearing (via accelerated possession) so it’s unclear at this stage what the penalties might be for failing to follow the pre-action plan.

    Please see here for details of the plan.

  2. DW890

    Hi guildy, I know you’re unsure what the penalties would be for failing to follow up a pre action plan so should I start again and send a pre action letter today and do a new section 21 on the 8th November. What I don’t want is to be at square 1 in 6 months time and have to wait another 6 months.

  3. DW890

    Hi guildy, forgot to add I have looked at the pre action plan, the tenant was already aware over a year ago that we are selling the property but not when. I had already explained the reason why we were selling the property due to my wife’s terminal illness. there is no covid at the property, no rent dispute, and when I hand delivered the letter we had a long discussion about selling the property and help to find her another place to live locally.

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