UK Property Law
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the legal authority which dictates notice periods required to be given for tenants can be found in the Housing act
It actually doesn't matter what the tenancy agreement says in respect of what notice is required because the Housing act overrides the tenancy agreement. Most tenancy agreements are compliant with the act but if they are not, the Housing act wins
the relevant section from the Housing act the periodic tenancies is s21(4)(a). this requires a landlord to serve a minimum of two clear months notice on a tenant to vacate the property which notice can only expire (the move out date) the day of for rent is payable
it is very easy to make a mistake with this notice and any errors are treated very severely by the courts in that the notice will be declared invalid and the whole process must be repeated. It is therefore very important to ensure the dates are correct. A landlord must also use a prescribed form of notice rather than just letter for example
It is worth using an online service to prepare the notice if you are not used to preparing them such as the below:
By contrast, the tenant is bound by the same rules save that the tenant must only serve one clear months notice on the landlord but that notice must still end the day before rent is payable. The tenant does not have to use a prescribed form of notice
Is there anything above I can clarify for you?
Just to clarify, after a 6 month tenancy that ends today, the minimum notice we can serve the tenants is two months as long as we send them the correct documentation
That is correct also remembering that the expiry date for the notice must under all circumstances be the date before rent is payable. Do you know the date rent is payable under this tenancy agreement each month?
yes it's the 8th of the month
Thanks. In the assumption you wish to evict tenants as quickly as possible time is therefore as it happens very much pressing. It is crucial that you serve the section 21 notice tomorrow in person or using a same day courier if you are not able to do so in person or you do not have a lettings agent that can do so because if you miss tomorrow's date then you will not be able to get them out until seventh of September
The logic for the above is that you must serve to clear months notice on the tenant and that notice can only expire on the seventh of the month-namely the date before rent is payable. You are now therefore too late to post the notice because it would not arrive until the 8th at the earliest which would be too late.
In the assumption you are able to serve in person or as above, the notice should be dated to expire on 7th August
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