Notice period

Jhmknight

Hi , 

My tenant was on a six month contract and at the and of the fixed term came to an end 21/05/2020.
my tenants have advised at the moment that they will be going on to periodic (month by month) at the moment and not signing for a fixed term.There are no changes to the current tenancy agreement

We have now sold our other property and wish to gain our rental back so have asked to give the tenant 3 months notice and the tenant says we have to give six months is this correct , can anyone please advise ?

Comms69

Yes it's 6 month minimum. It all likelihood they'll be there until 2022.

freesha

Are you an accidental landlord, by any chance?

greatcrested

You have 2 choices:

1) evict via the legal procedure ie serve a S21 Notice to expire after (currently) 6 months, then wait for a court date (3-6 months?), then hope the S21 was valid and is not rejected by the court and you are granted possession.

2) reach an amicable agreement with the tenants for them to Surrender the Tenancy (use a Deed) at whatever date you agree between yourselves, perhaps offering them an incentive eg several months rent in cash.

Now read:

Post 4: Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

ElizabethRose

Have you just told the tenants you want the property back or served a section 21? The tenant is also right about it being 6 months notice and that's if the leave without you needing to go to court.

mattyprice4004

Unfortunately in this situation it's going to be a very, very long time until you can make them leave legally - you can always try and bribe them or just give them notice and change the locks when it expires, but both carry significant risks and the second is (very) illegal.

Out of interest, why won't they leave after 3 months?

greatcrested

mattyprice4004 said:

..... or just give them notice and change the locks when it expires, but both carry significant risks and the second is (very) illegal.

to the extent of a serious likelihood of a prison sentence.

Comms69

greatcrested said:

mattyprice4004 said:

..... or just give them notice and change the locks when it expires, but both carry significant risks and the second is (very) illegal.

to the extent of a serious likelihood of a prison sentence.

...And a civil lawsuit for the better part of the value of the property... 

Aranyani

Oh dear...