Q. My tenants fixed term will come to an end in a couple of months and I do not wish to renew their tenancy. Is it sufficient just to tell them this or do I need to serve a section 21 notice?
A. There are only two ways that landlords can legally recover vacant possession of their property:
1. By the tenants moving out voluntarily, or
2. By court bailiffs or high court enforcement officers acting under the authority of a court order for possession.
You can never assume that tenants will move out (even if they say they will) and in law they have a perfect right to remain. They will even have a proper tenancy as under s5 of the Housing Act 1988 all assured shorthold tenancies will renew as a periodic tenancy after the fixed term has ended.
So I would strongly advise that a section 21 notice is served on them now. But there is no need to do this in a hostile manner, just say it is being served as a precautionary measure.
Q. I am arranging for letting agents to take over the management of my rented property. Will we need to terminate the current tenancy and start a new one with the agents? What is the best way to deal with this?