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Joshua
Joshua, Lawyer
Category: UK Property Law
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Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Hand delivered notice 10th September before 4pm for possession

Resolved Question:

Hand delivered notice 10th September before 4pm for possession on 9th November � we believe that this is 2 months� notice however, the council have said that it should read 10th September to 10th November.

Please confirm which is correct.
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 :

Could you kindly confirm if your tenancy is a council tenancy please? If so do you have a secure council tenancy?

Customer:

its the council that have told the tenants the notice is invalid, the tenancy is a normal ast with private tenants, they must of gone to the council to be housed

Joshua :

I see thank you. So we are dealing with a private shorthold tenancy. can you tell me when the fixed tenancy period expired or expires? i.e. short hold tenancies can be granted from anything upwards of six months with typical periods being over six months or 12 months.

Customer:

hi fixed term was 12 months , they pay rent monthly , tenancy started 1st October 2012 and ends 30th September 2013 .

Customer:

notice was late as landlord away abroad

Joshua :

thanks. Did you include wording along the lines of " the landlord requires possession after the date stated in this notice or at the end of the period of your tenancy which will end next after expiration of two months from the service upon you of this notice". this wording is used in many precedents now it is known as a saving phrase to prevent a notice being deemed invalid even if the date is wrong. Can you see wording in the notice along these lines?

Joshua :

Alternatively if this wording is not used does it say "AFTER 9th November" or does it just say "ON 9th November"?

Customer:

ill just get a copy of the notice 2 secs !

Joshua :

No problem...

Customer:

can i scan it to you ?

Customer:

its says on 9th november 2013 dated 10th september

Joshua :

you may be able to use the paperclip icon to upload the notice. There is no wording along the lines of the above at all?

Customer:

ok ill try hold on !

Joshua :

Got it - just reviewing...

Joshua :

I regret to say the council are right. the notice is invalid. to clear months notice required for the notice to be valid which does not include the day the notice is served. It was a very common problem for landlords and if you are accustomed to serving such notices, I would strongly recommend that you consider changing notice precedent to one that includes the above saving words. If the notice had included the above words I asked about, then it would still be valid irrespective of the fact that the notice date for possession is a day early. However, you are where you are at this point and there is anyone option which is to serve a new notice.

Joshua :

Because we fixed period of the tenancy has now expired, the tenancy is something known as a statutory periodic tenancy and therefore a different notice is required...

Joshua :

you will now need to serve the tenant with a section 21(4)(a) notice. Take care not to serve the same notice as you have already served again because that will be invalid irrespective of what dates you put on there

Joshua :

are you able to tell me on what date each month that rent is payable under the tenancy agreement?

Customer:

ah ok well at least we know I guess ! would you have a template we could use ?

Customer:

its 1st

Joshua :

Certainly. I will point you to one. thank you. On that basis, the rules for a statutory periodic tenancy are that you must give the tenant to clear months notice but also that the notice may only come to an end the day before rent is payable under the tenancy agreement - here that would be the last day of the month.

Joshua :

so putting this into practice, the earliest date that the fulfills the above criteria would be 31 December 2013, providing that you notice is served no later than 30 October though I would not leave it to the last-minute.

Joshua :

you may wish to use the below precedent to prepare your notice there are many other services you could choose to use. The following is free:

Joshua :

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

Joshua :

ensure you select " periodic term" from the drop-down box to ensure that you prepare the correct notice.

Customer:

amazing thank you so much !

Joshua :

obviously, you are entitled to collect rent from the tenants until the date they move out and you are free to involuntary between the two of you agree an earlier date than 31st of December should you both wish to do so

Customer:

sure

Joshua :

A pleasure. I am only sorry that I could not give you slightly more positive news.

Joshua :

Is there anything else I can help you with?

Customer:

Its ok at least we know you've been great - how can i get you again if i need you

Joshua :

If you have any follow up questions on the above you can return to this thread - follow up questions on the same topic are free to ask. Alternatively if you have new questions, you can either ask for me in the first line of a question or click on my profile to request me.

Joshua :

Glad I could be of help. If you have no further questions for now I should be very grateful if you would kindly rate my service to you today. Your feedback is important to me.

Joshua, Lawyer
Category: UK Property Law
Satisfied Customers: 24551
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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