Tenant Disputing Notice Due to Slightly Less Than 2-Months' Notice Period - What Should I Do?

Landlord Discussion Legal
1

Hi fellow landlords,

I’m dealing with a bit of a situation with my tenant and could use some advice. I issued a notice on 28th July for the tenant to vacate by 20th September, which is the end date of the current tenancy agreement. However, the notice period is slightly less than the two full months required by the contract.

The relevant clause in the agreement states that I must give no less than two months’ notice if I wish to end the tenancy on or after the final day of the Initial Term. The tenant is now disputing the validity of the notice and may refuse to vacate on the agreed date.

Has anyone been in a similar situation? Should I issue a new notice, or is there a way to enforce the existing one given that it’s only a few days short of the required period?

Any insights or experiences would be greatly appreciated!

Thanks in advance!

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You need to do it to comply with the contract. Reissue a new notice immediately giving the actual legal notice period - and learn from your mistake.

1 Like
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This is a very basic mistake and suggests to me that you dont have the required knowledge to evict on your own. I would suggest you use a lawyer or specialist eviction company as it takes many months to evict and a simple error resets the clock.

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There is guidance, and a tool landlords can use, for serving section 21 correctly here: https://help.openrent.co.uk/hc/en-gb/articles/360004561532-How-can-I-serve-notice-to-tenants

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Agree! You have unfortunately failed at the very first hurdle. You should employ a solicitor or eviction specialist company.

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