Giving notice

KEA

If you are a landlord with a tenant on a 6 month contract, how much notice do you have to give and when can you give it? I.E Can you give notice that you want the tenants to move out on the day the 6 months is up?

jamie11

KEA wrote: »

If you are a landlord with a tenant on a 6 month contract, how much notice do you have to give and when can you give it? I.E Can you give notice that you want the tenants to move out on the day the 6 months is up?

You can serve a S21(1)(b) telling the tenant that you want the house back at the end of the fixed term, but the tenant is not bound to move out by it. It merely gives the landlord the option to apply for a court hearing to grant possession if the tenant does not move on the expiry of the notice. The notice must run for a minimum of two months.

A S21(1)(b) can be served at any time during the six months but may not be used until the initial six month period is finished. It will only be valid if it is made out properly and the deposit has been protected in a deposit protection scheme and the prescribed information has been given to the tenant.

may_fair

KEA wrote: »

If you are a landlord with a tenant on a 6 month contract, how much notice do you have to give and when can you give it? I.E Can you give notice that you want the tenants to move out on the day the 6 months is up?

If this is an AST in England/Wales, the only way you can unilaterally end the tenancy is by serving notice and then applying to the court for a possession order after the notice expires (and then getting a court bailiff to execute the possession order).

The standard 'no fault' notice is under s.21 Housing Act 1988.

• This can be served any time after the tenancy commences.
• However, if the T paid a deposit, the deposit must be protected and the prescribed information provided to T before LL can serve a valid s.21 notice.
• It must give T at least two months' notice.*
• It cannot expire earlier than the end of the fixed term.
• It is not a notice to quit and does not end the tenancy nor oblige the T to vacate; it merely entitles the LL to apply to the court for possession after the notice expires.

You should obtain proof of providing T with the prescribed information and proof of service of the s.21 notice, and keep copies of each.

Note that if T does not vacate at fixed term expiry, a statutory periodic tenancy (a.k.a. rolling contract) will automatically arise as from the day after the fixed term expires. The terms of the expired contract carry through into the periodic AST, (e.g. rent is still payable etc), except for any provisions relating to notice.

* You need to factor in the following if serving notice within the last two months of the fixed term: 1) the notice period begins the day after the notice is deemed served, 2) the notice will be deemed served two business days after posting first class, or the same day if served by hand before 4.30pm on a business day, or the next business day if served by hand after 4.30pm or at the weekend/bank holiday.

Example1: Fixed term runs 1st Jan - 30th June. LL serves notice by hand on Saturday 12th June, so the notice period begins on Monday 14th June and two months from then is up to and including 13th August. The earliest the notice could expire would be "after 13th August", but it's safer to add on a couple of days so there's no question as to whether you've given T at least two months.

Example2: Fixed term as above. LL serves notice on 2nd February. No need to worry about giving at least two months because the earliest the notice can expire is "after 30th June".

Template here, second from the bottom, "s.21 possession at end of tenancy - fixed term"
http://www.letlink.co.uk/letting-library/library-resources/key-statutes-statutory-extracts-and-forms.html

Bryando

http://england.shelter.org.uk/

Great site for rules on the issue.

KEA

Thanks all

Jeffrey_Shaw

KEA wrote: »

If you are a landlord with a tenant on a 6 month contract, how much notice do you have to give and when can you give it? I.E Can you give notice that you want the tenants to move out on the day the 6 months is up?

Although jamie11 is largely correct, remember that:
a. you (L) can also use s.8 of the Housing Act 1988 if T [tenant] is in breach; and
b. even that point- and his- will be true ONLY if the 1988 Act applies. It doesn't always!