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View Full Version : Landlord gives notice - can tenant go with no notice?



teresaireland
28-04-2008, 23:14 PM
I had to serve notice on my tenant a couple of weeks before the end of the initial period of 6 months in an AST to get possession of my home to coincide with the start of my new job. I was letting my home & new job involved working from home. Tenant had previously e-mailed to ask if she could stay after the 6 months. (It was always the intention that it would be a long let but then job offer came along after ages of working away from home.)
The question is: if I have already served 2 months notice, can the tenant just go (altho had indicated no intention to leave) on last day on initial fixed term? Or, does my having served notice trump anything?? What is a replacement tenancy???
Can it be correct that I have to give 2 months notice but tenant can just go at end of initial 6 months with no notice so that I would be left wondering if I will have any rental income or not?

House
28-04-2008, 23:53 PM
Tenant can leave on last day of fixed term.

If tenant doesnt leave then it becomes a statutory periodic tenancy. You can still rely on your section 21 1 b notice though.

bagpuss
30-04-2008, 18:16 PM
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Can it be correct that I have to give 2 months notice but tenant can just go at end of initial 6 months with no notice so that I would be left wondering if I will have any rental income or not?

Yes, you do have to give a clear 2 months notice (longer if it's a periodic tenancy) that's the law. Of course the tenanant can leave at the end of the initial 6 months - after all you let your property on a 6 months fixed tenancy, so you should be expecting the tenant to leave at that point. What you do with your property after that isn't really anything to do with the tenant - you either arrange for a new tenant and keep getting rent or you keep it for your own use. You don't seem to have a very clear grasp of how a short term tenancy works which is rather worrying.

If they stayed on despite the section 21 and past when you'd really like them to be gone, they would still have to pay rent, though you would have to gain possesion via the courts.

It seems you want them to stay on until it suits you to have them go - I'm afraid that's not how it works. You might be lucky and have very accommodating tenants who are willing to stay and pay you rent until it suits you to have them go, but I doubt it.