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Landlord / tenancy advice.


Weston Super Saint
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Folks, I need your help :)

 

We have had tenants in our house since March 2009 - initially a 6 month assured shorthold unfurnished agreement.

 

The same tenants have lived there since March 09 - now on a 'rollover' contract.

 

We took out the agreement via an estate agency.

 

We now wish to take back possession of the property and were under the impression that we needed to give one month's notice of intent to do so - Under 'termination' of our terms and conditions it states 'This agreement may be terminated by either party by way of one months' written notice'. It then says further on 'Landlords should be aware that the legal minimum notice period to tenants under assured tenancies is generally two months'.

 

Since the 6 month contract expired some 15 months ago, I am assuming we are no longer classed as being under 'assured tenancy'???

 

So, can anyone confirm, can we legally stick to one month's written notice for the tenants to move out - two months will be inconvenient for us to say the least!

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You need to give at least 2 months notice. They still need to give you only one month if they wish to move out but you are obliged by law as the landlord to give them a minimum of 2 clear months. However, you might indeed need to give them even more notice than that. They have been resident for more than 3 years now. Not sure when the point comes but am 98% certain that once someone has been resident and is not in arrears they are entitled to a lot more notice. Best to consult with a lawyer on this one.

 

But I am 100% that you can't kick them out before 2 months. [EDIT: And also, they are still on an assured tenancy agreement - INCORRECT]. The law permits them to roll over after the initial period has elapsed. They/you are now on what is known as a Statutory Periodic Tenancy as they have been there after the end of the fixed period. Basically not sure what this actually means in practice but it certainly can only give them more rights not less.

 

EDIT: Go to this link (pdf) http://www.communities.gov.uk/documents/housing/pdf/138286.pdf (chapter 6)

 

You CERTAINLY have to give 2 months notice. Also, if they dig their heels in it could conceivably take up to 6+ months to go to court and get a possession order. What you absolutely can not do is just issue them their 2 months notice and then march straight in after 2 months. Because they have been there for 3 years now you would have to go through the courts. If you took some 'mates' around and forced entry you would be breaking the law. So don't do that!

Edited by 1976_Child
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You need to give at least 2 months notice. They still need to give you only one month if they wish to move out but you are obliged by law as the landlord to give them a minimum of 2 clear months. However, you might indeed need to give them even more notice than that. They have been resident for more than 3 years now. Not sure when the point comes but am 98% certain that once someone has been resident and is not in arrears they are entitled to a lot more notice. Best to consult with a lawyer on this one.

 

But I am 100% that you can't kick them out before 2 months. [EDIT: And also, they are still on an assured tenancy agreement - INCORRECT]. The law permits them to roll over after the initial period has elapsed. They/you are now on what is known as a Statutory Periodic Tenancy as they have been there after the end of the fixed period. Basically not sure what this actually means in practice but it certainly can only give them more rights not less.

 

EDIT: Go to this link (pdf) http://www.communities.gov.uk/documents/housing/pdf/138286.pdf (chapter 6)

 

You CERTAINLY have to give 2 months notice. Also, if they dig their heels in it could conceivably take up to 6+ months to go to court and get a possession order. What you absolutely can not do is just issue them their 2 months notice and then march straight in after 2 months. Because they have been there for 3 years now you would have to go through the courts. If you took some 'mates' around and forced entry you would be breaking the law. So don't do that!

 

Surely they've been there just over 2 years?

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You need to issue a section 21 notice to quit the property which should give 2 clear months notice and end before rent is due but this can also get more complicated depending whether it's weekly rent or monthly rent. They are currently in a periodic tenancy which is what it is called after a fixed tenancy. Also just because you serve them with this notice it doesn't mean to say they have to leave the property. You have to apply to the courts for a possesion order and only then a court aproved bailiff can evict someone from your property. All this depends on whether or not they seek advise on their rights of course.

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Whilst Gd is spot on, have you tried just talking to them and asking them if they could move out within a month? They might be agreeable to it. ime people dealing with landlord/tenant issues often automatically jump to the dispute stage without simply trying normal, friendly conversation first. And it beats sodding around with courts and bailiffs and eviction notices any day of the week.

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I agree that is a good idea but potentially setting yourself up to be accused of illegally evicting your tenants if things go wrong, I can also see your tenants agreeing to go and giving you a date and then that falling through then being back to square 1. I've seen it way to much.

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Well not really, because you're not evicting them. Both sides are mutually terminating the contract. You call them up and explain the situation and ask if they can move out with a month's notice. If they say yes, you email them and just say "just to confirm, you are moving out and the contract terminates on this date". They reply in the affirmative. It's done.

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It may be a tad inconvenient for them too!

 

Exactly, what an ahole the OP is. Wants to chuck a family on the street as a result of his own poor planning and cluelessness…

 

Hope the tenants make everything as difficult and expensive as possible!

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