UK Property Law
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Do the tenents only need to give a months (statutary) notice if they want to vacate the premises? There is a cause in the contract that states 2 months notice to be given to the landlord even in the periodic tenancy. Is this legally binding or does it not apply as the fixed term period has elapsed?
Also would I need to do a s8 also to recover the unpaid rents?
The tenant's are only require to give one months notice on the case of a statutory periodic tenancy, with such notice to expire at the end of the rent period. This is regardless of any clause requiring further notice in the tenancy agreement.
A s8 notice is only required where you are seeking to recover possession on the basis of two months rent arrears (or other applicable grounds). If you wish to recover money at the same time as getting an order for possession then you can also request a money judgement but you would not be able to use the accelerated possession procedure in this circumstance.
Thanks for your accept.
You can issue the s8 notiice as soon as the tenant's are in arrears of two months rent, but not a moment before.
You can claim costs. The money judgement will be a CCJ, but the order for possession is just an order they vacate and as such would not be listed against their credit record as a CCJ.
No, don't say anything.
The s8 notice is a notice which requires possession 14 days after you serve it on the basis of (usually) 2 months rent arrrears. You don't need to tell them about it before you serve it.
Once they are in two months arrears you should download a s8 notice from an online provider and they will have notes on service.
Good luck .