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Thomas
Thomas, Lawyer
Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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FAO THOMAS, FOLLOWING ON FROM PREVIOUS QUESTION , THE TENANT

Resolved Question:

FAO THOMAS,

FOLLOWING ON FROM PREVIOUS QUESTION , THE TENANT I SAYING SHE WANTS TO MOVE BUT NEEDS A NOTICE TO QUIT FOR COUNCIL. I HAVE LOOKED UP A NOTICE TO QUIT AND IT SEEMS I NEED SOME SORT OF COMPLAINT / GROUNDS AGAINST HER WHICH I DONT REALLY HAVE AND THE NOTICE IS 30 DAYS , IS THIS RIGHT? IS THI SLIKELY A DELAYING OR MISDIRECTION TACTIC ?

IS THE BEST COURSE OF ACTION A SEC 21 GIVING 2 MONTHS NOTICE AS SOON AS LEGALLY POSSIBLE , THE RIGHT DATE OF THE MONTH ETC

THANKS
MATT
Submitted: 2 years ago.
Category: UK Property Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your question.
It’s as I explained in my previous question really. If the fixed term of the tenancy agreement has expired then you need to serve a s21(4)(a) Housing Act 1988 notice on them. The notice period for this is two months
http://www.letlink.co.uk/letting-factsheets/factsheets/factsheet-21-section-21-notice-requiring-possession-of-an-assured-shorthold-tenancy.html
See “Periodic Tenancies” on the above link. This is the notice that the council requires to show that it is you that is forcing her from the accommodation and not her seeking to leave herself.
A landlord can only evict a tenant on less than the two months notice by serving a s8 Housing Act 1988 notice, but you can only do this if the tenants are in two months arrears with their rent, or have persistently paid rent late of having materially (ie. very seriously) breached a term of the tenancy agreement. If neither of these apply then you are stuck with serving the s21 notice above.
If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question. You will not be charged any further money for clicking accept.
If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Customer: replied 2 years ago.

hi, still not resolved here. The council are now saying they are treating me as a landlord in residence and i think the tenant as a non excluded tenancy

 

the house is split into four flats but is one freehold legally, if a flat is empty i will generally stay in it to save costs , if not i will rent somewhere short term. i do not have a regular place so i use the house as my point of contact for mail , formal documents , phone , banking etc. i am not there more than 3 - 4 months per year

 

i am now being told that a sec 21 is not applicable and i need a notice to quit for a landlord in residence which has a 28 day expiry and does not need grounds, is this correct? what is the proper name for the document?

 

this would suit me if i can use it but i am concerned whether or not i qualify as in residence sufficient to convince a court if it came to it

 

thanks

matt

Expert:  Thomas replied 2 years ago.
Hi Matt,

Oh, I see.

Yes, they are correct then if you are a resident landlord. This actually puts you in a much better postition in that the notice period is much reduced from the s21 notice period.

You have to serve notice in writing. If they pay their rent weekly then you must give them 4 weeks notice. If they pay their rent monthly then you must give them one months' notice.

Therefore you should refer to the fact that they are non-excluded tenants under a non-excluded tenancy and therefore you are serving them the appropriate notice. Send by registered post allowing three days postage. Also pass it to them personally and ask them to sign the receipt for it.

You only the notice period has expired if they haven't left the property then you will still have to apply for a court order.

http://england.shelter.org.uk/get_advice/renting_and_leasehold/private_tenancies/occupiers_with_basic_protection#7

Trust this clarifies, please click accept.

Kind regards,

Tom
Customer: replied 2 years ago.
hi, that looks fine will accpet after this , i sent a self composed letter match 5th and the tenant agreed to leave , does this count as surrender?

is there a specific form for this or do i need to do letter with all the facts? where can i find form if there is one

rent is currently paid weekly on a monday, tenancy started on the 5th day of month

thanks again
matt

Expert:  Thomas replied 2 years ago.
Hi Matt,

No, I don't think that letter will count for the purposes of the local authority unfortanately. If it did they would have accepted it, they are not permitted to be underhand in this way.

There's no set form in the same way there is with assured shorthold tenancies, so simply in Wrihting reffering to their status, dated, date of notice/notice expiry will suffice.

Please click accept.

Kind regards,

Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6644
Experience: BA (Hons), PgDip, Practising Solicitor
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