advise on notice to quit for weekly periodic tenancy

[age9000]

I have a tenant who is over 2 months in arrears, he did have a six months
AST which ran out some 5+ months ago, and therefore on a periodic , the
rental period is weekly and so a "Weekly Periodic".

The AST agreements contain the following statements.

"if the tenancy ceases to be an AST the landlord may end the tenanct by giving 4 weeks notice in writing to the tenant"

and

"in the event that any rent due is unpaid for 21 days after being due the tenancy shall immediately come to an end"

from what i understand it would be four weeks notice to end on a rent period,
or in the case of the unpaid for 21 days that NO notice would be required and i could say to the tenant that he needs to move out or i would seek court action for posession. But I want to give the correct notice.


thanks in advance

age

[zoe]

neither clause is valid.

1) you have to give the tenant two months notice to quit
2) unless you and the tenant agree to end the tenancy you will have to go to court.

Zoe

[age9000]

thanks for reply Zoe

what is the point of the two clauses mentioned being on the ast in the first place if they are not valid ??

[RichieP]

Some landlords try it on a bit and include clauses such as those so that tenants not in the know think they can be kicked out easily.

You could issue a section 8, citing Ground 8, rent arrears of 8 weeks or more. If the tenant still has 8 weeks or more arrears by the time of a court hearing, the judge must give possession. Providing your paperwork has been done properly of course.

[Jennifer_M]

what is the point of the two clauses mentioned being on the ast in the first place if they are not valid ??

Your answer is Unfair Terms in Consumer Contract Regulations 1999 .

Basically if any term in the AST are deemed unfair, they are not valid.
You can't put anything in an AST just because you want to. This is to protect tenants from dodgy landlords.

As Zoe stated you must give 8 weeks notice at least. Then even if the tenant hasn't left you can't do anything but go to court to have him evicted (you can't enter the property and change the locks unless you fancy a trip to jail).
And if the tenant is in arrears even for months you can't terminate the tenancy automatically, you have to go to court (assuming the tenant is at least 8 weeks in arrears.