procedure for giving notice

plod121

Hi.

My tenants have been a right pain in the !!!! last few weeks. Their tenancy runs out in the next 2 months and I won't be renewing it. Ideally I want them out of the house by the end of the tenancy. How much notice am I legally required to give them (Tenancy states 4 weeks) and what do I do if they're still here by the end of the 4 weeks?

Thanks.

thesaint

I would take the tenancy agreement along to your local council for advice, they usually have a department who will give free advice on these sorts of matters, failing that try the Citizens advice bureau.

It is normal to give 2 months notice which has to end on a rent day. It can get very complicated, so please get proffessional advice.

Even if you get it right, you can not guarantee to get the property back if your tenants decide to stay.

silvercar

Serve a section 21 notice at least 2 months before the tennacy ends to tell them you want the property back at the end of the tenancy. There is always the risk that people won't move and you will have to go to court to evict, but the need for a reference may help.

landlordzone.co.uk has useful information and a forum for advice.

clutton_2

""(Tenancy states 4 weeks)"" - irrespective of what it says in your agreement landlords have to give 2 months written notice ending on the rent day. Tenants have to give one months notice. Issue a Section 21 as already mentioned.

franklee

OK I'm going to disagree a bit here ... puts hard hat on.

It's correct that you have to give two months written notice using a section 21 notice requiring possession, comes in two flavours make sure you get the right one, a Section 21(1)(b) cos you are serving it during the fixed term.

Now the bit were I disagree with thesaint and clutton, because you are serving notice within the fixed term the notice does NOT have to end on a rent day, it can end on any day you like. So long as it's at least two months long and expires after the end of the fixed term you'll be OK.

Now why does this matter? You said the tenancy runs out in the next 2 months, so that may mean you do not have time to serve notice as thesaint and clutton have said. If this is the case you do not have to wait another month, the notice can expire a few days (or however many days are needed) after the end of the fixed term.

EDIT: PS Don't forget to allow time for delivery

plod121

Where can I get a Section 21 and what's the next step assuming they're still here after 2 months. The tenancy is a 6 month assured shorthold.

Thanks for your help.

scrummy_mummy_2

Actually.....when serving a Section 21 Notice you MUST make sure you get the dates right otherwise there is a risk a court can chuck out any action...particularly important with eviction procedures.
For example: If you agree a fixed term tenancy to begin on the 14th of January for a period of 6 months, the tenancy will actually end at midnight on the 13th of July....NOT the 14th July. A common mistake to make!
The rent will become due on the 14th July (subject to a new fixed term or periodic agreement being created) and a new rental 'period' will begin. Each 'period' is a calendar month.
The minimum notice to be given by the LL must always be 2 calendar months from the date on which the tenant actually receives the notice document. (I always get a witness to sign if the tenant will not/cannot accept the document and hand deliver it although first class post WITHOUT a signature from the tenant is acceptable and admissable in court)
If it served within the terms of a fixed term tenancy, the possession date cannot be before the end of the fixed term.
In my example, the Section 21 can be served on the tenant on or before the 13th May, the possession date cannot be before the 13th July. (the last day of the fixed term)
If the notice is served on or after 14th May (but before 14th July)the possession date must not be less than 2 calendar months from the date of service.
try https://www.landlord-forum.co.uk
for a section 21 notice which is apparently free to download...I've no experience of them but found them on Google.
Alternatively join the National Landlord's Association for around £70 per year and you can get all sorts of legal advice, leaflets/forms free!!!

plod121

Thanks for that. does it matter if it's slightly over 2 months notice just as long as it's not under? and on the section 21 where it says I require possession ... AFTER: (The tenancy is up to 3rd May 2007) do I put in 3rd May or 4th May?

also do I need to include the notes with the section 21 ..

Notes:

1) If the tenant or licensee does not leave the dwelling, the Landlord or Licensor must get an offer for possession from the court before the tenant or licensee can lawfully be evicted. The Landlord or licensor cannot apply for such an order before the notice to quit or notice to determine has run out.

2) A tenant or licensee who does not know if they have any right to remain in possession after a notice to quit or a notice to determine runs out can obtain advice from a solicitor. Help with all or part of the cost of legal advice and assistance may be available under the Legal Aid Scheme. You should also be able to obtain information from Citizens Advice Bureau, a Housing Aid Centre or a Rent Officer.

clutton_2

join NLA - if you get one date wrong on your court forms, you will waste months and months and months - not to mention ££hundreds in court fees - judges throw out landlords-completed-incorrect forms every day of the week, and they have to start again. NLA has all the advice/helpl/forms you need, some you pay for - worth EVERY penny in terms of time saved.