Hi,
There is much advice around about serving notice on tenant but I'd like to see whether my understanding is correct. Situation is thus;
- Flat was let to tenants on 1st July 2018 on a 6-month AST. Gas Safety Certificate and EPC and Guide to Rent were all served at time of contract signing. No deposit was taken.
- Tenants have been unhappy in the flat for a number of reasons. They have served notice on me (agent) and on landlord in writing by post saying they will be moving out on the last day of the contract (31st December) but not signed the letters. I am therefore assuming they are invalid and have written to them asking whether they wish to send more copies which are signed.
- I'd like clarity in the situation and the landlord want to move the tenants on as they haven't been great. I'll therefore serve notice on them to make sure that things are clear.
- Government guide gives me form 6a, but the guidelines confuse me. They say that the form cannot be used in the first four months of the tenancy (here: https://assets.publishing.service.go...m_6A_FINAL.PDF , at the top of the box on the first page). If I wish to serve two month's notice to end a six month tenancy then surely such a form has to be served in the first four months of the tenancy?
- Additionally, there are guides on the Landlord Zone website. They are here:
https://www.landlordzone.co.uk/infor...n-21-notices-2
... and here:
https://www.landlordzone.co.uk/infor...ction-21-rules
The first page re-states the limitation that the notice cannot be served within the first four months of a tenancy (half-way down, "Unlike the old s21 notices, the new one cannot be served within the 1st four months of an assured shorthold tenancy.")
The second one has the following statement; "For 6 month tenancies it will not be possible to end the tenancy at the end of the term, but most likely it will be a few days into the next rent period. Because of this anomaly the legislation says that landlords must repay the over-payment of any rent." This seems to address the situation that I am in, and I will need to serve notice to end on the 2nd or 3rd Jan 2019. Is this correct? The reason I hesitate is that it seems odd that the landlord cannot end a tenancy at the end point of the fixed term.
(An aside, but I have checked the AST and the tenant is obliged "to give at least two months notice to quit expiring at the end of a period" but there is no such a requirement for the landlord to give notice expiring at the end of a period.)
Thanks for your help.
Oli.
There is much advice around about serving notice on tenant but I'd like to see whether my understanding is correct. Situation is thus;
- Flat was let to tenants on 1st July 2018 on a 6-month AST. Gas Safety Certificate and EPC and Guide to Rent were all served at time of contract signing. No deposit was taken.
- Tenants have been unhappy in the flat for a number of reasons. They have served notice on me (agent) and on landlord in writing by post saying they will be moving out on the last day of the contract (31st December) but not signed the letters. I am therefore assuming they are invalid and have written to them asking whether they wish to send more copies which are signed.
- I'd like clarity in the situation and the landlord want to move the tenants on as they haven't been great. I'll therefore serve notice on them to make sure that things are clear.
- Government guide gives me form 6a, but the guidelines confuse me. They say that the form cannot be used in the first four months of the tenancy (here: https://assets.publishing.service.go...m_6A_FINAL.PDF , at the top of the box on the first page). If I wish to serve two month's notice to end a six month tenancy then surely such a form has to be served in the first four months of the tenancy?
- Additionally, there are guides on the Landlord Zone website. They are here:
https://www.landlordzone.co.uk/infor...n-21-notices-2
... and here:
https://www.landlordzone.co.uk/infor...ction-21-rules
The first page re-states the limitation that the notice cannot be served within the first four months of a tenancy (half-way down, "Unlike the old s21 notices, the new one cannot be served within the 1st four months of an assured shorthold tenancy.")
The second one has the following statement; "For 6 month tenancies it will not be possible to end the tenancy at the end of the term, but most likely it will be a few days into the next rent period. Because of this anomaly the legislation says that landlords must repay the over-payment of any rent." This seems to address the situation that I am in, and I will need to serve notice to end on the 2nd or 3rd Jan 2019. Is this correct? The reason I hesitate is that it seems odd that the landlord cannot end a tenancy at the end point of the fixed term.
(An aside, but I have checked the AST and the tenant is obliged "to give at least two months notice to quit expiring at the end of a period" but there is no such a requirement for the landlord to give notice expiring at the end of a period.)
Thanks for your help.
Oli.
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