This is a question to the blog clinic from Tania, who is a landlord in England.
I have issued an AST starting date 01/04/2024 for 12m. I have a 2 months break. I have issued section 21 to the tenant, 4 months after the start of the tenancy.
The tenant believes I’ve issued this incorrectly because she is entitled to stay in the property until the AST expires, which is 31/03/25.
I’ve issued Form 6A and given her 3m notice to leave. She should have left 03/01/25, and is refusing to leave. There are no rent arrears. The tenant has been there for 8 years.
I have every AST (12m) from start, and have secured her deposit every year and have evidence. I have issued the tenant with all the docs (how to rent, DPS Cert, gas safety, EPC, ECIR, HMO license), before issuing Section 21. I have applied for a possession order.
The tenant has filed her defence and believes I haven’t adhered to my HMO requirements, because I ‘haven’t provided a ‘utility room’ in the property, and that every room is rented out’. I have an HMO and there are 6 bedsits in the house, I have never received any communication from the council regarding property repairs etc. I don’t need to provide a utility room!
I need to evict the tenant because I badly need to carry out major building repairs. The property is very old and has been patched up, but needs a total new roof, which cannot be done with the tenant residing. Also my relationship has broken down with her and she is causing ill feeling with other tenants in the property.
I have served all docs to tenant in person and have date and time stamped photos. So tenant cannot claim not receiving anything.
Answer
It looks like you have served all the relevant documents. The only issue is whether you were entitled to serve the section 21 notice at the time that you did.
You say you have a 2-month break clause and served your s21 notice four months into the tenancy.
This may be OK, but it would depend on the terms of your break clause, which we have not seen. For example, if it specifies that the tenancy break clause must be activated by notice to the tenant on specific dates, then clearly you will not be compliant and your claim will fail.
Generally, service of a section 21 notice will be taken as activating a break clause under a tenancy agreement, but I think it is best to specifically tell them this. For example:
Please note that we wish to break the tenancy early under clause [state clause number] in your tenancy agreement, which states:
[give the wording of the break clause]
We enclose by way of service upon you form 6A pursuant to section 21 of the Housing Act 1988. …
I would also add that, as section 21 is due to be abolished in a few months’ time under the Renters Rights Act, it is best to use specialist solicitors for all possession proceedings.
Otherwise, if you make an inadvertent mistake which you do not notice, you may find that your claim has been struck out and that in the meantime the act has come into force and your right to use section 21 has gone.