Evicting tenants notice period?

Guest101

PasturesNew wrote: »

If it were a usual 6/12 month AST and if after that nobody signed anything more and it went onto a periodic rolling tenancy, then you have to give two months' notice. Two rent months, not two months from today.

It can be served now but doesn't start taking effect until next rent day, so, if rent was due the weekend just gone and you issue it today it'll "sit around" for a month until the next rent date kicks that into force and it'll be 2 months from the next rent date.

LL notice doesn't need to align with tenancy period.

theartfullodger

Guest101 wrote: »

LL notice doesn't need to align with tenancy period.

Unless it's a contractual tenancy

Guest101

theartfullodger wrote: »

Unless it's a contractual tenancy

Good point

booksurr

consolidating your various threads:
1. you live with your mother in her main home (House A)
2. you are the registered legal owner of another property (House . That is the only property you own in your name.
3. House B is currently let and you have never declared the income from that for income tax purposes (because you guessed you can have one property tax free!)
4. Your mother is "paying off the mortgage on House B". How? Does she give you money and you make the payment, or does she pay it directly to the mortgage company, so it never passes through your account at all? There is a vital difference which you must answer if you want to become "legal"
5. you now want to evict the tenants but have no idea how to do it. Such eviction will however evidence who is the actual landlord since the original agreement was signed back in 2015. The tenancy appears to now be a Statutory Periodic Tenancy (we will assume there was noting in the 2015 agreement which set up a contractual PT at the end of the fixed period tenancy) so the LL must give 2 calendar months notice.


as legal owner if you transfer the property to mother you will be liable for Capital Gains Tax on its increase in value since you purchased it. Have you ever lived in it yourself as your main home or have you always lived with mother in hers? Whether mother shares the liability to CGT with you (or it is all hers anyway and none for you) depends 100% on your answer to point 4 above

transferring it to mother will not remove your liability for undeclared rental income for the period you owned it since it was you who received the income. Technically, depending on your answer to point 4 above, your mother may in addition become partially liable herself if she is also an owner, even if she did not receive the money personally.

yes you can DIY the transfer using the Land Registry forms yourself, you do not need a solicitor to do the transfer, but you will have to pay one to sign the ID1 form required by the LR to confirm your identity

ThePants999

There's talk in this thread of section 21. Can't the OP use section 8, ground 1?

I mean, it's still two months' notice, but it might dodge some likely issues with deposit, prescribed information, etc :-)

Guest101

ThePants999 wrote: »

There's talk in this thread of section 21. Can't the OP use section 8, ground 1?

I mean, it's still two months' notice, but it might dodge some likely issues with deposit, prescribed information, etc :-)

s8 g 1 required notification to the tenant, prior to commencement of the tenancy, that the LL may use it. - there is nothing to suggest that has happened.