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Joshua
Joshua, Lawyer
Category: UK Property Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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my tenants signed a contract stating that each of us had to

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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

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 and 3 other UK Property Law Specialists are ready to help you

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