Rental Property - end of tenancy agreement term

[snorkel sucker]

Wondering whether anyone can clarify from recent experience exactly what the requirements / obligations are in this instance.

Rental property in Wales.
6 month shorthold tenancy agreement that started in November 2020 and runs until May 2020.

Due to circumstances, the intention is to sell the property, doing so once there is no tenant in the property but I want to start the sale process shortly so as to ensure minimum overlap between no tenant and a sale.

My understanding is that as I am not trying to repossess the property from the tenant (they are free to continue their tenancy until it expires in May) then at the end of the tenancy agreement it does not get renewed, we part ways, and the property (hopefully) sells.

However, I am being told that this is NOT the case and I need to give 6 months notice to the tenant before they can leave.

Looking on .Gov i have found the following:

In some circumstances, you can take back your property without giving any reason. To do this, and all of the following must apply:

you’ve protected your tenants’ deposit in a deposit protection scheme = YES
the date they must leave is at least 6 months after the original tenancy began (the one they signed on first moving in) = YES
they have a periodic tenancy - or they have a fixed-term tenancy and you are not asking them to leave before the end of the fixed term = YES

That being said I am NOT trying to take my property back without reason, I am merely not intending to renew the contract when it expires.

Is anyone able to give any insight or advice on this as it is contradictory and confusing.

[Pit Pony]

I use www.landlordzone.com for advice, but it's easy.

It's an assured Short hold Tenancy. If you do nothing, it rolls into a periodic tenancy. When you'd have to give 2 months notice. At the end of that notice, they don't have to leave. They can wait until a court tells them.to leave.
At that point if they don't leave they start being obligated to pay the cost of forcing them to leave. Bailiffs.
To get them to leave in May. You need to give them 2 months notice.

If they want to leave in May. They can leave without giving notice. If they stay an extra day they must give a months notice. If they give notice and don't leave, then they are liable for your costs. (So if you had to pay for a new tenant to stay in a hotel)

[Pit Pony]

We landlords like to refer to it as our property, but remember it's their Home.

[recordman]

As Pit Pony says, if you want them to leave when the tenancy expires you need to give them 2 month's notice before the expiry date.

Just re-read the opening post, as it's in Wales, you'd better check to see if the rules differ from England's.

Edited by recordman on Monday 1st February 11:10

[snorkel sucker]

Thanks both.

Most helpful.

[jamescodriver]

Wales is currently 6 months notice which can only be served after 4 months of a 6 month tenancy - this is in place till at least the end of March.

You may get lucky and they dont extend the notice period but i doubt that very much - so you could wait till 1st April and serve what should then be 2 months (standard) but there is every chance the 6 months will be extended so you wont get possesion until Sept.

Its taking about 3 months to get sales through at the moment, so if they agree to you doing viewings whilst the notice period runs, you could tie it into completion of the sale / tenancy

You are looking to serve a section 21 no fault possesion

I assume you are Rent Smart Wales registered etc?

[C350Akra]

You could also try asking the tenant(s) if they wish to buy the property.

[BobbyA]

At present you need to serve 6 months notice to end the tenancy.

Of course the tenants may decide to leave at the end of the tenancy but you will need to speak to them.

The mistake you have made is thinking the contract automatically ends and you don't have to renew. Remember this is now the tenants home and they have many rights.

You can wait to see if the 6 months notice is revoked and will go back to the normal 2 months but as already said i wouldn't count on it.

Best bet is serve section 21 notice now, this will take the tenancy up to the Beginning of August, then explain the situation to the tenants, explain you will be selling and i bet they will start looking for a new place quite quickly and you will get the property back pretty quickly.

[NextSlidePlease]

Explore a more amiccable exit, waivering the last months rent and full deposit return with glowing regerences perhaps to avoid having to go down the legal route and the possibility of heels being dug in and a far lengthier eviction.