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The monthly magazine providing news analysis and professional research for the discerning private investor/landlord

Landlord Legal Issues July 2016

Tessa Shepperson of Landlord Law answers your questions

Q. My agents have contacted me regarding the new fixed term tenancy needed for my tenants but I am concerned about their continuing ability to pay. I want them to put a break clause in the tenancy agreement but am worried about the new rules for section 21 notices.

Will I be able to end the tenancy after three months if I want to and serve a section 21 notice or am I forbidden to serve a section 21 notice until after month 4?

A. The prohibition against serving a section 21 notice during the first four months of the tenancy only applies to the first four months of the initial tenancy. If the tenant has already been in the property for four months or more then it will no longer apply to your tenancy.

However, if you are worried about the tenants ability to pay, you would be better off allowing the tenancy to run on as a periodic tenancy. There is no need to give a new fixed term tenancy if you do not wish to.

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