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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I am selling my buy to let property. My property has three

Resolved Question:

I am selling my buy to let property. My property has three flats within. Each AST is due to end in July. Therefore if my tenants wish to remain I will be offering them a rolling/periodic tenancy until a buyer is found. I would like to know my rights if at some future point I wanted to issue a section 21 to ask any of the tenants to leave would changing to a rolling/periodic contract change my right to use?
Submitted: 2 years ago.
Category: Property Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. May I confirm that you have protected any deposits you received from the tenants within 30 days of receipt please within a deposit protectino scheme?
Customer: replied 2 years ago.

yes deposits are in the DPS

Expert:  Joshua replied 2 years ago.
Thank you. If you allow the tenancies to roll over into periodic tenancies there is no difficulty with bringing them to an end. You need to use a slightly different form of the s21 notice though. You need to use a Section 21(4)(a) of the Housing Act 1988. It is very easy to get these forms wrong - you need to esure you use this specific form (not the s21(1)b form) and you need to give the tenant a minimum of two clear months notice (allow two extra days if posting and it must be two clear months from the day you serve - many landlord make the mistake of giving exactly two months notice from the day of the notice which is not enough. Also the notice can only end the day before rent is payable. So for example let us pretend you have a tenant occupying on a periodic tenancy paying rent on the firt of each month. If you decide today that you want to give them notice you could serve notice no later than 29 April 2015 that you wish them to leave on 30 June 2015 (being two clear months notice and the day before rent is payable on 1 July). Providing the notice is valid they must leave on the nominated date or you can seek possession in court. If the notice is not valid it will be thrown out and you must serve a fresh notice so it is very impotant to take care over the notice. I am happy to look over any notice or prepare a notice for you if you wish. Alternatively you can use another solicitor or a lettings agent (though don't assume the lettings agent will get it right either and do ask for a copy to check if the agent gives notice). I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
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