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james bruce
james bruce, Solicitor-Advocate
Category: Property Law
Satisfied Customers: 4744
Experience:  Owner at James Bruce Solicitors
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I have a licensed HMO, with tenants on individual statutory

Customer Question

I have a licensed HMO, with tenants on individual statutory periodic tenancy contracts. I decided to sell the house and end this business.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: How to correctly deal with this with tenants. The current legislation, there has to be a 4-months notice. So I sent each of them a letter informing of the plans and asking them to confirm that they accept and agree to leave in 4 months (or any time earlier). It seemed that 'by agreement' with tenants was better than serving the Section 21...But none replued
JA: Have you talked to a lawyer about this?
Customer: But none replied, and now I am not sure how to proceed. No, this is my first approach for a legal advice. I don't even know who to ask?
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I am not sure what else is needed.
Submitted: 8 days ago.
Category: Property Law
Expert:  james bruce replied 8 days ago.

Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.

If none of the tenants have replied, it can simply mean they are in fact ignoring you and not willing to accept what you have sent them.

Remamber as a landlord you are in business, so the best way to deal with that is as a business and use the correct law and legal notices.

Until you formally serve each of your tenants with the correct notice (s.21) then the6 can simply remain and ignore you and continue as tenants in the property. You can of course still sell the property with them as tenants.

Expert:  james bruce replied 8 days ago.

Can I assist or clarify anything further?

Customer: replied 8 days ago.
thank you, ***** ***** about s.21 notice. Is there any detail about it now, under Coronavirus Act? Is there any basic template to fill?
Customer: replied 8 days ago.
Sorry, I'd rather prefer some reference or link direction
Expert:  james bruce replied 8 days ago.

Currently under the covid19 act, you do have to give 4 months notice as you have already stated.this came into force on the 1st June the four month requirement that is.

You can use the form 6a for the s.21 notice

Customer: replied 8 days ago.
Thank you. Is there any 'catch' here, like I need to hand the notice with some signature? Or some way that ensures they formally received it?
Expert:  james bruce replied 8 days ago.

The safest way to serve the document is to each individual by recorded or registered post, that way you have proof of postage and proof of receipt.

Expert:  james bruce replied 8 days ago.

Can I assist or clarify anything further?

Expert:  james bruce replied 8 days ago.

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.

Customer: replied 7 days ago.
I am sorry for coming back on this, with possibly a trivial question. But the Form 6A says this is for ..."accommodation let under an assured shorthold tenancy (AST) ...", while in our case the tenants have all finished theoir AST contracts and are presently on the Statutory Periodic Tenancy (this is recorded on the Deposit Protection system as well).
I am just worried that it doesn't say anywhere about "Periodic Tenancy" in respect to Section 21 Notice?
Customer: replied 7 days ago.
The reason I persist with questions is that one of the tenants is "difficult" (his brother is a solicitor, apparently), and he clearly intends to make it as difficult for us as possible. So I am trying to look for potential pitfalls in advance...
Customer: replied 7 days ago.
One other thing on the list in Form 6A is:
"c) where the landlord has not provided the tenant with an energy performance certificate, gas safety certificate or the Ministry of Housing, Communities and Local Government’s publication “How to rent: the checklist for renting in England” (see the Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015)"
-- we have all these certificates, but does it imply that we had to have provided them to the tenant at their original start of tenancy (which we did not do, because nobody wanted them), or can it be done now, alongside the S.21 notise?
Expert:  james bruce replied 7 days ago.

As you failed to supply these documents, you cannot use s.21.

you will instead need to use s.8 to seek possession.

You use form 3 for this.

Customer: replied 7 days ago.
Thank you. So we *are* actually in trouble, it's not a straightforward case, right?
Expert:  james bruce replied 7 days ago.

That is correct, if one tenant has a solicitor relative, then I would advice that you may be safer instructing a property lawyer to draft and serve the documents for you to ensure everything is done correctly.

Customer: replied 7 days ago.
Thank you.
Expert:  james bruce replied 7 days ago.

Your welcome.