Notice to Quit

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    Notice to Quit

    Hi I have a tenant whose agreement ended on 31st July, tenant has refused to leave. Do I need to wait until they have been in the property for 6 months before i can send a Notice to Quit? I know I need to wait 6 months until I can serve a section 21. But any other options to remove the tenant prior to 6 months would be greatly appreciated
    Thanks

    #2
    You can serve a s21 after 4 months completed.

    Comment


      #3
      Originally posted by mmcauley View Post
      Hi I have a tenant whose agreement ended on 31st July
      Do I need to wait until they have been in the property for 6 months before i can send a Notice to Quit?
      I'm confused.
      When did tenancy start?
      What sort of tenancy is it if term has ended but not been in 6 months?

      It may be NTQ is correct, but it may be S21 is needed.

      Comment


        #4
        Tenancy started on 1st May (short term let for 3 months). Im a private landlord and new to this. I assumed you could still use an AST even if it was less than 6 months.
        Also the deposit wasnt protected on time, if I return this deposit can i then serve an S21 notice ( I read on line you could so just after some confirmation)

        Comment


          #5
          Yes, AST can be 1day, 1week, 3 weeks etc etc but s21 only valid if served at least 4 months after start.

          Yes, return deposit (have proof you did) then fresh s21 when possible.

          Use Mark Prichard's s21 checker:. If new landlord quite possible you missed other pre-requisites
          I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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            #6
            I don't think you get a choice as to whether it is an AST, otherwise lots of people would be granting 5.5 month tenancies!

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              #7
              Be prepared to sued for a penalty of at least the value of the deposit and probably twice it, given that the tenant seems t be getting advice.

              Also note that the expiry of the the S21 notice is not when the tenant has to leave, but when you can apply to the court. If they dig their heals in, you will need many more months before the bailiffs go in.

              Comment


                #8
                Originally posted by leaseholder64 View Post
                I don't think you get a choice as to whether it is an AST, otherwise lots of people would be granting 5.5 month tenancies!
                I thought it might have been a holiday let, or a lodger agreement, or possibly a let to a company. Hence I was seeking clarification.

                Comment


                  #9
                  Or indeed a common law tenancy
                  I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                  Comment

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