How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Joshua Your Own Question

Joshua
Joshua, Lawyer
Category: UK Property Law
Satisfied Customers: 24527
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
35043042
Type Your UK Property Law Question Here...
Joshua is online now
A new question is answered every 9 seconds

my tenants signed a contract stating that each of us had to

Resolved Question:

my tenants signed a contract stating that each of us had to give the other one month notice of termination if we required it but they are now saying that we have to give them 2 months notice. there fixed term has ended and they are now on a periodic tenancy, month by month
Submitted: 1 year ago via Tenancy Agreement Service.
Category: UK Property Law
Expert:  Joshua replied 1 year ago.

Joshua :

Thanks for your question. Please kindly RATE my answer when you are satisfied

Joshua :

Do you wish to know if they are correct please?

Customer:

yes please

Joshua :

Certainly...

Joshua :

the legal authority which dictates notice periods required to be given for tenants can be found in the Housing act

Joshua :

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

Joshua :

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

Joshua :

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

Joshua :

It is worth using an online service to prepare the notice if you are not used to preparing them such as the below:

Joshua :

http://www.lawdepot.co.uk/contracts/eviction-notice-forms/

Joshua :

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

Joshua :

Is there anything above I can clarify for you?

Customer:

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

Joshua :

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?

Customer:

yes it's the 8th of the month

Joshua :

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

Joshua :

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.

Joshua :

In the assumption you are able to serve in person or as above, the notice should be dated to expire on 7th August

Customer:

Many thanks for all your help, its been very useful and informative

Joshua :

a pleasure

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though.

Customer:

have a good rest of you're evening

Customer:

we will leave feedback for you now

Customer:

thanks again

Joshua :

Many thanks. And to you.

Joshua, Lawyer
Category: UK Property Law
Satisfied Customers: 24527
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Joshua and other UK Property Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Joshua

    Lawyer

    Satisfied Customers:

    4433
    LL.B (Hons), Higher Prof. Dip. Law & Practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4433
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/TO/touchwoodsden/JA.64x64.jpg Law Denning's Avatar

    Law Denning

    Solicitor

    Satisfied Customers:

    2289
    PGD Law. 20 years legal profession, 6 as partner in High Street practice
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    2244
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Lawyer

    Satisfied Customers:

    1198
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    809
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/AJ/ajlaj01/2012-5-9_14051_Profile1.64x64.jpg Alex J.'s Avatar

    Alex J.

    Law

    Satisfied Customers:

    400
    LPC, 2 Years Conveyancing
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    212
    Barrister 17 years experience