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Hi all I need a quick bit of help off of the stw landlords!!
I rent my house out and the assured shorthold tenancy agreement ran out in september so now the tenant has gone onto a periodic tenancy ??
I was hoping someone might be able to tell me if the notice period is still two months to evict the tenant or does it go to one month now??
cheers all
Steve
Thought you had an agency dealing with your property?
yep I have but they arent open now and have someone inquiring about he house !!
A quick Google would hint at a minimum of 4 weeks.
been in your position recently after some long term tennants moved on, 4 years after origional assured 6 month agreement. We took notice of 1 month, and I think its written into our contract as such (can't get to it at the moment to check)
Check the small print on your copy of the origional tennancy though if you can incase it states any different or special terms. If you have an agent make them earn their cut.
I don't know the circumstances but sorting houses out over the christmas period can be a real pain in the arse for all concerned. Good luck
IIRC you have to give 2 months, they have to give 1 months notice
i have always been told landlord has to give two months the tenant one. And on the three times i have been evicted i was given two months notice.
There was a thread on here about the notice being tied to the tenancy period, so it might not be two months, but two months from the beginning of the next period, but you would need to check this.
edit
[url= http://www.tenancyagreementservice.co.uk/section-21-notice-to-quit.htm ]http://www.tenancyagreementservice.co.uk/section-21-notice-to-quit.htm[/url]
quote.
Section 21(4)(a) of the Housing Act 1988 applies to assured shorthold tenancies that have become periodic and states:
"Without prejudice to any such right as is referred to in subsection (1) above, a court shall make an order for possession of a dwelling house let on an assured shorthold tenancy which is a periodic tenancy if the court is satisfied-
(a) that the landlord or, in the case of joint landlords, at least one of them has given to the tenant a notice stating that, after a date specified in the notice, being the last day of a period of the tenancy and not earlier than two months after the date the notice was given, possession of the dwelling-house is required by virtue of this section; and
Mrs29er (local authority housing officer) says....
2 months, statutory notice for assured short hold tenancy, regardless if in fixed term or periodic roll on.
After 2months should the tenant have not left the landlord will need to apply to the courts for a possession order if the tenant doesn't leave by then the landlord will need to apply the courts again for a balifs warrant as the final stage if it comes to that. Trying to forcibly evict them before the final stage could leave you open to prosecution