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private landlord notice

my daughter as a rolling contract every 6 months,just wondering if the landlord wants you out,how many weeks dose he have to give you.

shes as lived there for over 3 years and recently siging a 6 month contracts any help please

Comments

  • Usually one months notice. But it should say it in her tenancy agreeement, as some landlords put their own notice period in there.
  • trudie15
    trudie15 Posts: 95 Forumite
    I'm pretty sure it's 2 months for the landlord to give notice or 1 month for the tenant to give notice.
  • ognum
    ognum Posts: 4,879 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    trudie is correct!
  • Alleycat
    Alleycat Posts: 4,601 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Assuming she is an Assured Shorthold tenant (i.e. the landlord does not live in the building), they would be required to give your daughter a minimum of 2 months notice. As long as there is no break clause included in the most recent 6 month agreement, then the earliest the notice would be able to end would be the last day of the current 6 month tenancy.

    I am basing this on a standard Section 21 notice whereby the landlord does not need to give reason for the eviction. If however, she has breached the terms of the tenancy or is in arrears with her rent the type of notice and when it can be served will change.
    "I've fallen down a hole" - said in best Monty Python voice-over.
  • norfolkshops
    norfolkshops Posts: 353 Forumite
    edited 12 May 2012 at 3:40PM
    to Alleycat she as no break clause inclueded,so section 21 will be ok then and to all the rest many thanks ,he told her 2 weeks notice,i thought that was two short tc all

    her tenancy ends 1st june 2012 and broke no rules ,so by law if this is correct 2 months ,under section 21 (Section 21, Sub Section 1 (b) stipulates that the landlord gives to the tenant not less than two months’ notice in writing stating that he requires possession of the dwelling-house.he should give her is that right please
  • meece
    meece Posts: 273 Forumite
    Go to www.shelter.org.uk has every bit of advice you need. Additionally try the local authority, they will be interested in any l/l giving short / illegal notices (housing options team, harrassment), and finally the local CAB who can help.
    "If you see someone without a smile, give them yours.":D
    Miss Mona, The Best Little *****house in Texas
  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    The housing forum http://forums.moneysavingexpert.com/forumdisplay.php?f=16 has the most expertise for this question.

    It looks to me like the Landlord is confused and thinks that he can regain possession of the property on the last day of the fixed term, hence 2 or 3 weeks notice.

    While it is true that a tenant can just leave on the last day of a fixed term without giving notice, the Landlord does not have equivalent rights - he must give a full 2 months notice - unless the Section 21 notice has already been sent.

    It's a complex area - take it to the housing forum for the full details.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • benb76
    benb76 Posts: 357 Forumite
    Sometimes private landlords send a Section 21 at the beginning of an AST just to give them the oprion of evicting at the end of the fixed term. If this hasn't been sent then it's 2 months, as has been correctly pointed out above.
  • norfolkshops
    norfolkshops Posts: 353 Forumite
    ok thanks to all,just wondering if i can go to my homelless,departmwnt(erimus local were she lives) and get advice on my landlord is thinking on giving my daughter a letter to go???
  • Yorkie1
    Yorkie1 Posts: 12,269 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    I really do suggest you go over to the House Buying & Renting board as suggested and ask there. They will be able to provide you with chapter and verse.

    Just mention that you originally posted on this thread and were advised to start a thread there.
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