I’m confused as to how much notice I currently need to serve

Landlord Discussion Legal
1

Hi All
I’m currently confused as to how much notice I need to serve on a tenant who is on a periodic agreement.
Whilst one agent said 2 months - as it’s not eviction
Another says 6 months.
Please help.

2

Hi Tracey. It is 6 months

3

Is this still the case even if I wish to sell

4

From what I understand it is. We are trying to sell too. Don’t think ours are going to leave

5

At present, 6 months if notice being served between 29/8 and 31/3/21. There are exceptions but these won’t apply to the case of just selling up. Several short articles on this available online.

6

Thanks Nilesh.

What would the exceptions be please

Regards

7

Tracey, in the current situation it’s 6 months but normally 2.

Why not chat to your tenant as they may move voluntary if you discuss it with them.

If they don’t try a small verbal incentive £500 but build up to that but only if they go within 2 months voluntary and definitely not under duress. If they are happy to do this ask them to serve notice in you.

Whatever you do dont get heavy handed.

Alternatively you could serve a 6 months notice now but have a verbal agreement they will Go in 2 or 3 months or when they find a place. It’s in their interests to start looking and if they find a nice place protem they know they know they can leave whenever without penalty.

I just changed a tenant, without incentive, which gave the flexible lkk ok game term to find a place. It was a bit of a shock as they found it in 2 weeks and moved out 5 weeks later.

If your tenants do not want to move then you have the 6 month rule unless it is extended again.

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8

The old man that lives in my once gorgeous property is clearly struggling to clean it and has damaged now fixture and fittings, mould to xeilings in Bathroom too lazy to use fan, Greece fat stains all over wall and brand new kitchen units and carpets heavily spiked - these are just a few issues - hense why I want him out now

I’ve given tenant and his son (guarantor) plenty of opportunities to make good to no avail - with re inspections etc months apart to improve areas that concern me and made suggestions to no avail - hense I don’t want to wait a further six months to get him out. I have no where to go now with this.
Despite being reasonable and making suggestions they won’t either have a cleaner in or help their father who is ageing and doesn’t really care. I get verbally attacked saying I’m too particular. The house was show home condition and I will now have to spend money getting it back up to scratch. I doubt he’ll move if they can’t find the time
To help their father clean. Shame really as he isn’t any bother

9

you need to serve notice now and just wait.

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10

Yes I have reached that decision. Thanks for advise
Any idea where I can find the current and correct paperwork section 21 and right to rent which I believe I have to send at the same time inc epc

11

Are you in a the NRLA ? They are a great help . How to rent can be found on gov website

12

Tracey, you need to read this:


Your notice may be completely invalid if the proper documents were not served at the beginning of the tenancy.
13

Yes thanks I read all this and all mine were served appropriately. I do everything by the book. Did you think there was something specific I missed. I want to serve notice not eviction

14

Its still an eviction process as serving notice seeking possession

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15

you seem to be struggling a bit here. as (if) its your main home get a solicitor onto it. its easy to screw it up and believe me one small mistake in the paperwork and a judge will send you back to the start line. don’t try and save pennies now as it could cost you more in the long run. they sound like tossers so they will take more notice of a solicitor. you have tried nicey nicey which is always best initially now you need to show some metal

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16

Thanks Sidney good advise

Tracey Miller

17

Tenant must be at fault under one of the specified grounds for a s8 Notice to be effective. s21 Notice is the “no fault” notice so you don’t have to give a reasons (and so no stigma on tenant) but rules have just changed so you have to give min 6 months formal notice with s21.

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