Serving Notice to my tenants

G_M

mrginge wrote: »

Oh and btw, it's two rental periods, not two months notice. I would have thought as a landlord you'd know that.

Although I disagree strongly with Roadhog's criticism of the OP, he is correct that

two months is the minimum requirement,

This applies equally to weekly tenancies, and monthly, and I would have thought as a landlord you'd know that.

S21 of the Housing Act 1988 says:

4)Without prejudice to any such right as is referred to in subsection (1) above, a court shall make an order for possession of a dwelling-house let on an assured shorthold tenancy which is a periodic tenancy if the court is satisfied—

(a)that the landlord or, in the case of joint landlords, at least one of them has given to the tenant a notice [F4in writing] stating that, after a date specified in the notice, being the last day of a period of the tenancy and not earlier than two months after the date the notice was given, possession of the dwelling-house is required by virtue of this section;

anselld

Benji wrote: »

Lets look at answering niceblokes question.

... not until he answers ours, which is looking unlikely to happen!

mrginge

Well I acknowledge my mistake and bow to your superior knowledge G_M.

kwmlondon

This thread is quite funny!

jamie11

mrginge wrote: »

Oh and btw, it's two rental periods, not two months notice. I would have thought as a landlord you'd know that.

No it's not, it's two tenancy periods. The date the rent is paid would normally tie up with that but certainly not always.

silvercar

Road_Hog wrote: »

We can all read. I can read the intention. As they say, it's not what you say, it's how you say it.

Does this ability to read apply to tenants?

Do they read their contract before signing? Do they understand that a tenancy for 12 months is just that - a right to have their property as their home for a year?

Maybe tenants can read intentions too. So they can understand the intention for a tenancy to be extended and that this then requiring they be given 2 rent periods notice to leave.

pinkshoes

"nice bloke" came on her asking a question on how he needs to go about getting his house back.

And quelle surprise... the usual bandwagon brigade make huge assumptions, blow it all out of proportion, and scare the OP off so yet another thread will no longer get a response.

ging84 wrote: »

mrginge, it's because he wants to kick someone out of their house they've lived in for maybe 6 years with 4 weeks notice, less than half the minimum they are entitled to

Er... all the OP said was ideally he'd like them out in 4 weeks and was asking if this was possible.

He came on this website to get advice on how to evict a tenant legally, and all he gets is false accusations and abuse from you!

As a teacher, in every test I tell the pupils to "READ THE QUESTION CAREFULLY".

nicebloke

Phew ! what a reaction!!

let me explain ...firstly I am an accidental LL and had no intention of making it a career. I have been on very good terms with my tenants and have had no issues with them at all. The agreement was signed with their knowledge that at some time in the next few years I would want the property back. My property was on the market for 6 months in 2006 and had no bites, I had been divorced and was now re-marrying and moved in with my new wife, still not being able to sell. The rental idea seem to help and can admit that the property value is as was in 2006 . HMRC is now penalising me for the equity. The tenant was spoken to in July and told that I wanted the property back and is now nearly 5 months on and the Tax bills keep on coming.I do admit that I should have served notice then but not being very wise in this matter.The tenancy agreement is an assured shorthold tenancy with a protected deposit scheme in action.

I have read all the replies, some sympathetic some not! but do say my intentions are honourable and would not wish to be hard nosed about it but feel we have been more than understanding given the time frame.

again thanks for all the replies

wabbitpoo

This thread ( at least, the harshness of some of the passive-agressives in here) sums up nicely the nasty streak we see in so many forums these days. So sad.

Good luck to you OP, and I hope you and your tenants get it all sorted.

G_M

Thanks for coming back nicebloke, and I hope in amongst the last 40odd posts you can pick out the advice and information you need. It is all there if you distinguish the chaff from the grain.

I fear your comments about HMRC/tax will result in a further deluge of criticism, but I'm glad you've been upfront with your tenants, on an informal basis, and hopefully you'll reach an amicable agreement with them over this.

If not, the formal legalistic process is as has been explained.