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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am in the process of selling my buy-to-let property and would

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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
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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