Notice to be given

Rumana03

Hi,

My current tenants have been living in my property for almost 3 years. Their contract is due to expire in June. 
We plan to move into the property at the end of July hopefully as long as there are no issues. I need to provide the tenants with at least 2 months notice.
My dad (who is related to them) will speak to them next week to verbally let them know that we wish to move into the property.

I just wanted to know which notice would I need to provide and when is the best time?

Thanks.

Emmia

You should give them notice as soon as possible, but be aware that they may also not leave when you want them to.

Brie

As I understand it if there's a deposit that needs to be refunded prior to notice.  Happy to be corrected on this!

Myci85

Deposit only needs refunding prior to notice if it wasn't protected. 

RAS

You start now by making sure that every single landlord requirement needed to issue an S21 is correct. Get one wrong and they can scupper court action. If you are a member of a landlord group, get them to check.

The S21 only gives notice that you'd like the house back and that if they don't leave by the required date, you can start court action to repossess. It doesn't require them to leave by the required date, so you're already somewhat tardy in giving notice given the shortage of alternative accommodation. 

By law you need to give at least 2 months notice, to leave by the end of their current contract. Your father cannot give notice unless you have appointed him as agent and you have to give notice in writing. His conversation is just a heads up with no legal standing. I'm not sure that involving him now might give them the impression that they can use him as an intermediary to negotiate further delays. You might be better doing the deed yourself.

Informally, you can explain that if they find somewhere before the end of the contract, you'll agree to an early termination with a pro rata rent payment and that if they can leave part way through the following month, ditto. Expect them to ask for this in writing before they actually terminate at short notice.

And decide whether you are going to hold them to the usual requirements for return of the deposit. Might be cheaper to pay for a deep clean and refresh the paint than fight legal action to get them out.

Rumana03

Should I be giving the section 21 notice this month as there is just over 2 months till their current contract ends? Or would it be 2 months prior to when I wish for them to move out by (end of July)?

Myci85

As people have said, there is no guarantee they will leave after the 2 months notice. If you have to go through court to get them out, the whole process could take 6 months or longer. And that is if you have done everything needed up till now for the section 21 to be valid. 
So, check if you have met all historic requirements to be able to serve the section 21 now. If you have, you either serve notice immediately and risk having a void period if they do happily move out, OR wait to serve notice and risk them waiting for court order to leave in which case you'd be highly unlikely to be moving in in July. Though as July is only 3 months away, this is a risk regardless. You'd be wise to start planning a back up option of where you will live until your property is vacant. 

freesha

Quite concerning that you don't know this, as these are basic LL obligations?

theartfullodger

Which country ?? (eg NI, Wales )?? Different countries, different laws, different notices.

In England an s21 (even if valid, many many are invalid) does not end tenancy nor compel tenant to leave (Thatcher's 1988 Housing Act says so).

YOU should speak calmly & politely to them, explain what you wish to do, offer (if justified) an excellent refeerence and very flexible timescales (could be v fast - eg tomorrow  or slow).

Forget your plans to move in in July until they tell you (they don;t have to tell you) what they plan to do.

Done any training in how to be a landlord??

saajan_12

Rumana03 said:

Should I be giving the section 21 notice this month as there is just over 2 months till their current contract ends? Or would it be 2 months prior to when I wish for them to move out by (end of July)?

Whichever, but be aware of the implications
* They can always leave at the end of the fixed term (so you may have an empty property for a couple of months, with the increased insurance, council tax, etc costs that entails)
* Once the notice expires, they don't have to leave so you'd then have to go to court etc which can take several months. So if it expires in June, then you can start that clock earlier, but note the max timeframe will be well past July, could be late 2025 or even early 2026 so make contingency plans for where you'd live in the meantime. 

Brie said:

As I understand it if there's a deposit that needs to be refunded prior to notice.  Happy to be corrected on this!

No. Better not to advise if you're making things up. 

Rumana03

Wow some of the comments are a bit rude here. I didn't just become a landlord recently. I've been a landlord since 2009. Everything is always changing and I do read up to make sure I am up to date with changes but I just wanted to double check my understanding on my next steps now. There's nothing wrong with double checking things...what would be bad is if I did whatever I wanted. The whole point of the forum is to help each other out.

My tenant previous to this one took 2 years to get out (had to go to court etc) so I am well aware of potentially how this could pan out. I'm hoping that will not be the case as the current tenant is related to us.
 
Thanks to those of you that did reply and were nice enough to explain without judging me.