UK Property Law
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HI I will try and help. A couple of questions first.
1) Was the one month tenancy in writing?
2) If so did any of the dates change when you gave them the new tenant (i.e the date of lease, payment dates etc)
3) Where there any pother issue the court raised. i.e. the detail in the notice etc?
thanks. Please bear with me for a few minutes if you don't get a reply straight away
HI sorry back now
I think the problem you will have is that by signing the new tenancy you have effectively terminated the old tenancy and started a new one, albeit for too short a term. You may find the s.21 based on the old tenancy ineffective. I would suggest therefore that the tenancy must run for 6 month and you will have to serve the s.21 notice based on the new tenancy. I would advise against serving a s.8 notice as simply not moving out is not an acceptable ground under the Housing Act
sorry for the delay there. So please ask any follow up questions
Q1) No. You can use s8 proceedings where a tenant is 2 months in arrears
Q2) Yes, you can serve it now! In fact I would recommend the earlier the better. it just has to have the end date as the expiry of the tenancy
You are welcome. Do ask any follow up questions. If you have none at present please leave positive feedback. You can always revisit the question later on if you thing of anything later down the line
It does matter yes. You would have to give the date at least 2 months from the date you are giving, to end on the day before the next rent date. Therefore, by my reckoning, if you gave the notice today for example, the date should state "after the 4th December." the "after" part is very important, as you are essentially saying that they have the right to stay until 11:59 and 59 secs on 4th Dec and then have to leave.
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