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DRW
04-03-2007, 20:47 PM
We just inherited some property including a flat currently let out residentially - we are very new to this game so a couple of simple questions please...

The tenant had an AST which expired in 2005, nothing was done about this by the previous owner so i understand it drops into a periodic tenancy...

is it correct that we can issue a notice to quit with two months notice at any time?

If we do issue notice to quit does there have to be a reason other than we wnat the tenant to leave?

Am i correct in thinking that if we do allow another 6 month AST than we can also give notice to quit at the end of that agreement?

Many Thanks for any advice.

Joannepowell
04-03-2007, 22:31 PM
Dear DRW - if the tenancy has gone periodic (as is presumed) then you are able to issue a Section 21 (periodic tenancy) which must give two months notice at must end at the end of a rent period. Therefore if the rent is due on the 1st of the month and you wanted to issue the notice now then the notice wouldn't end for nearly 3 months because you the two clear months ending at the end of a rent period would take you up to the last day in May.

If you decided to draw up a new 6 month AST then you could issue a Section 21 (fixed term) to expire at the end of the fixed term. This notice would have to be served no later than 4 months into the tenancy in order to allow the two months notice.

I hope this info helps.

Kind Regards

J

PS. The Section 21 is a 'no fault' notice and so does not state a reason for requiring possession.

Bel
05-03-2007, 11:07 AM
Dear DRW - if the tenancy has gone periodic (as is presumed) then you are able to issue a Section 21 (periodic tenancy) which must give two months notice at must end at the end of a rent period. Therefore if the rent is due on the 1st of the month and you wanted to issue the notice now then the notice wouldn't end for nearly 3 months because you the two clear months ending at the end of a rent period would take you up to the last day in May.



Its not the rent period, but rather the period of the tenancy agreement that counts. Usually these two are the same.
So if you pay rent on the 1st of the month, but if the tenancy actually started on the 15th of the month, the notice may need to expire after the 14th of the month.