united-kingdom england-and-wales landlord covid-19
End of tenancy and COVID notice period
<p>I'm in England, UK. I own a flat which I rent out, and live elsewhere with my girlfriend. We broke up and I need to go back to my flat. Under COVID law, I need to give 6 months' notice to my tenants, but their contract is coming to an end in 2 months' time.</p>
<p>Can I just not renew their contract and go back to my place in 2 months or do I still need to give them 6 months' notice?</p>

<p><strong>Can I just not renew their contract and go back to my place in 2 months or do I still need to give them 6 months' notice?</strong></p>
<p><strong>Short answer</strong>:</p>
<p>6 months' notice</p>
<p><strong>Long answer</strong>:</p>
<p>I'm assuming this is a fixed-term Assured Shorthold Tenancy.</p>
<p>Unless a landlord is going down the Section 8 route where the tenant has broken the tenancy agreement, they will need to serve a &quot;Section 21 Notice&quot; under the <a href="https://www.legislation.gov.uk/ukpga/1988/50/section/21?timeline=false" rel="noreferrer">Housing Act 1988</a> requesting the tenant to leave a property.</p>
<p>The Act has been amended to extend this notice period to 6 months, and any fixed-term tenancy that ends during that period will roll over to a periodic tenancy until the end of the notice period.</p>
<p>This is the relevant extract from the <a href="https://www.gov.uk/government/publications/covid-19-and-renting-guidance-for-landlords-tenants-and-local-authorities/technical-guidance-on-eviction-notices" rel="noreferrer">government's website</a>:</p>
<blockquote>
<p><strong>Section 21 notices requiring possession of a property under an assured shorthold tenancy</strong></p>
<p>Landlords can only use a Section 21 notice to ask their tenants to leave their property:</p>
<ul>
<li><p>If the notice expires at or after the end of the fixed term.</p>
</li>
<li><p>During a tenancy with no fixed end date - known as a ‘periodic’ tenancy.</p>
</li>
<li><p>From 29 August 2020, a Section 21 notice must give tenants at least 6 months’ notice of the fact that the landlord requires possession.</p>
</li>
</ul>
</blockquote>
<p><a href="https://www.gov.uk/evicting-tenants/section-21-and-section-8-notices" rel="noreferrer">This</a> give some more detail about s.21 Notices.</p>

<blockquote>
<p>their contract is coming to an end in 2 months' time.</p>
</blockquote>
<p>No, it isn't (assuming it's an assured shorthold tenancy). It sounds like the <em>fixed term</em> part of the tenancy is coming to an end in 2 months' time. If no-one does anything, the tenancy will automatically become a statutory periodic tenancy (often called a &quot;rolling&quot; tenancy) after that.</p>
<p>But the tenancy still exists, and as Rock Ape's answer states, you still need to issue a valid notice (probably a section 21 notice unless the tenants have stopped paying rent, etc) if you'd like the tenants to leave.</p>
<p>You are free to <em>ask</em> your tenants to leave (perhaps with a financial incentive), but they are free to refuse.</p>
