How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

I am in the process of selling my buy-to-let property and would

Resolved Question:

I am in the process of selling my buy-to-let property and would like to issue a S21 Notice to the tenant to quit. The tenancy started on 12 April 2010 for an initial period of 12 months and has been in place since.
There are a couple of termination clauses in the agreement as follows:
• “Tenant/Landlord may terminate this Agreement at the end of 6 months by giving 1 month/2 months’ Notice to either party respectively.”
• “Unless earlier terminated pursuant to the terms hereof, this Agreement will renew automatically for successive one (1) year terms commencing upon the expiration of the initial term.”
I would be grateful for your advice on the steps to take to issue the S21 Notice and when.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.What is it you would like to know about this specifically please?Alex
Customer: replied 1 year ago.
Thanks for your response. Given the termination clauses in the tenancy agreement, I would like to know when it is best to issue the S21 Notice. Should this be done ahead of the 12 April 2016, which effectively gives the tenant 2 months to quit? I would like to avoid the situation where the tenancy renews automatically for another 12 months, once this term ends on 11 April 2016. Look forward to your response.
Expert:  Ash replied 1 year ago.
The tenancy started on 12th April 2010 and renews year on year. So on 12th April 2016 will carry on for another year.However a S.21 notice has to be served before the billing period, ie 12th of the month and THEN is effective 2 months after from that date. So if you serve now it will take effect from 12/4/16 and because of the agreement they will have to be out by 12/4/17.A S.21 notice you must give 2 months but the agreement will automatically renew in the meantime for a further 12 months.So the earliest they can be out is 12/4/17Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
So to clarify, even if we serve the S21 Notice now, i.e. before 12 April 2016, the tenants will still not leave until 12 months after i.e. 12/4/17? I thought the S21 Notice if served before the 12 April will only give the tenants 2 months to quit from the date served?
Expert:  Ash replied 1 year ago.
Yes it would. BUT you have an automatic yearly renewal in terms of the agreement.Unless earlier terminated pursuant to the terms hereof, this Agreement will renew automatically for successive one (1) year terms commencing upon the expiration of the initial term.”Therefore the way I read it, they gain another 12 months.Does that clarify?Alex
Customer: replied 1 year ago.
Would it be helpful for me to forward the Tenancy Agreement for you to review? It is only 2 pages long. So in effect the S21 Notice should be issued at least 2 months prior to 12 April 2017 for the tenancy to end on 12 April 2017, as it cannot be terminated earlier given the current terms?
Expert:  Ash replied 1 year ago.
Assuming it has an automatically renews for 12 months, you are stuck. You would have needed to have served the S.21 notice by 12th Feb 2016.Does that clarify?Alex
Customer: replied 1 year ago.
This is helpful, thanks. So the S21 Notice should now be served no later than 12 February 2017 for the tenancy to end on 12 April 2017and not renew automatically?
Furthermore, could you please advice on the wording of the S21 Notice, many thanks.
Expert:  Ash replied 1 year ago.
Correct. In terms of S.21 if you Google search section 21 notice template free, you will find lots of templates available.Does that clarify?Alex
Customer: replied 1 year ago.
Many thanks for your response. Is there any other way we can legally terminate the tenancy now, ahead of 12 April 2017?
Expert:  Ash replied 1 year ago.
No. You are too late.I am sorryAlex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
OK thanks; this is most helpful. Very much appreciate your assistance.
Expert:  Ash replied 1 year ago.
Happy to help. Alex

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions