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Quick bit of tenancy agreement and notice help please!!
bikingbarney
Posts: 661 Forumite
Hi all I need a quick bit of help off of the MSE landlords!!
I rent my house out and the assured shorthold tenancy agreement ran out in september so now the tenant has gone onto a periodic tenancy ??
I was hoping someone might be able to tell me if the notice period is still two months to evict the tenant or does it go to one month now??
cheers all
Steve
I rent my house out and the assured shorthold tenancy agreement ran out in september so now the tenant has gone onto a periodic tenancy ??
I was hoping someone might be able to tell me if the notice period is still two months to evict the tenant or does it go to one month now??
cheers all
Steve
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Comments
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Two months for the LL and one month for the tenant - assuming England and Wales and that it is set to tally with the rent date.If you've have not made a mistake, you've made nothing0
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Probably at least 6 months to evict the tenant...but the correct notice is 2 months which could be up to 3 months less a day depending on the exact date it was served on the tenant. They then may not leave on the last day and then you have to apply for possession which will add a few more months on.bikingbarney wrote: »Hi all I need a quick bit of help off of the MSE landlords!!
I rent my house out and the assured shorthold tenancy agreement ran out in september so now the tenant has gone onto a periodic tenancy ??
I was hoping someone might be able to tell me if the notice period is still two months to evict the tenant or does it go to one month now??
cheers all
Steve:footie:
Regular savers earn 6% interest (HSBC, First Direct, M&S) Loans cost 2.9% per year (Nationwide) = FREE money. 0 -
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ok so the tenancy agreement ran out on the 3rd september so if we issued the notice in the next few days doe that mean the tenant has nearly 3 months to vacate?0
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bikingbarney wrote: »ok so the tenancy agreement ran out on the 3rd september so if we issued the notice in the next few days doe that mean the tenant has nearly 3 months to vacate?
The notice would not expire until March as you've missed the deadline for giving notice this month.My home is usually the House Buying, Renting and Selling Forum where I can be found trying to (sometimes unsucessfully) prove that not all Estate Agents are crooks. With 20 years experience of Sales/Lettings and having bought and sold many of my own properties I've usually got something to say
Ignore......check!0 -
bikingbarney wrote: »ok so the tenancy agreement ran out on the 3rd september so if we issued the notice in the next few days doe that mean the tenant has nearly 3 months to vacate?
Yes. And that's assuming they go willingly (you can't just send the heavies round the day after the notice expires).Note: Unless otherwise stated, my property related posts refer to England & Wales. Please make sure you state if you are discussing Scotland or elsewhere as laws differ.0 -
MissMotivation wrote: »They would not have to vacate until 3rd March as you've missed the deadline for giving notice this month.
No, they actually would not have to vacate until the court grants the landlord a possession order. The 3rd March is the date the notice expires and the day from which the LL can apply for a possession order. Depending on the court's waiting list, could be another 4-6 weeks ontop before they have to vacate! MissM, in other posts you claim to have long-term experience in a letting agents and therefore should know this!
OP, have you protected tenant's deposit and issued them the prescribed information from the scheme you used, otherwise your notice will be invalid anyway!0 -
yes deposit secured etc etc !!
I actually go through a letting agent but they are not open this late at night and just wanted to ask on here before i confirm with them tomorrow!0 -
Not strictly speaking true, 're the 3rd March. If the tenancy ended on the 3rd September, the "rent day" is most likely the 4th. In which case if you can get notice to them tomorrow, they will only have 2 months notice.
However the odds of being able to get it all together bad served correctly are slim. So assume 3rd March as your possession date (if everything goes smoothly)Unless it is damaged or discontinued - ignore any discount of over 25%0 -
Paul_the_Painter wrote: »So assume 3rd March as your possession date (if everything goes smoothly)
No, 3rd March is the day the notice ends. Tenants may leave voluntarily on or before that date, but you cannot assume 3rd March is your possession date!!!!!
Sorry to be pendantic, but how many times have we seen tales of woe here about LLs who work on the assumption that their tenant will up and leave on the date their S21 ends, only to be caught out. Possession can only be guaranteed when you have keys in your hand and property empty - maybe 2 months time, maybe 6, depending on the process required to secure your possession!0
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