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Tids
28-07-2005, 18:25 PM
My daughter is a tenant of a property that has a yearly lease from 1st September to 31st August each year (is that a periodic tenancy?)

In June this year, the landlord told her (verbally) that he wants her out because he is selling. Daughter is ok with this except that she is having trouble finding a place to live as all the local properties keep being snapped up by students from the university. What happens if it gets to 31st August and she still hasn't found anywhere? Can she stay put until she finds summat and wait for him to evict her?

Hopefully it won't come to this but just in case......

Incidentally, landlord still hasn't given her written notification that he wants her out.

Thanks

zoe
28-07-2005, 19:43 PM
she can stay as long as she likes until he gives written notice. he has to give two months notice and even then she could stay until he evicts...

Zoe

Paul_f
28-07-2005, 20:10 PM
Zoe is perfectly correct in what she says, but it gets rather complicated.

The earliest the landlord could obtain possession is two months from when the landlord serves her with a Notice under S.21 (1)(b) of the Housing
Act whilst within the fixed term i.e. until 31 August, and that must be a least two months hence. After the fixed term ends the goalposts move somewhat in that the Notice has to comply with S.21 (4)(a) of the Act; this means the landlord has to serve her again with a minimum of two months notice, but this time it has to end "two months before the rent is next due". So if the landlord fails to serve notice by post by 25 August (you have to take into account 27-29 August is weekend and bank holiday so don't count, and has to arrive by 30 August to be valid (2 working days after posting) - 31 August is deemed too late, he would then have to serve the correct Notice but the earliest it could then be effective is 31 October. There also has to be a section in your daughter's AST to say how Notices will be served and in its absence means that any Notice would have to be served personally on her i.e. in her hand no less, to be valid!

If this appears complicated have a look at two threads I posted a few weeks ago for guidance. Look for "Question Time (3)" and "Answers to Question Time (3)". You'll have to scroll to about 8 July for the answers post and the beginning of the monh or end of June for the questions post. Also look for my post "Gary Webber - Section 21 Notices".

Tids
29-07-2005, 20:33 PM
Thanks Paul...........you're a real treasure !!