Landlord to advice Tenant how to serve notice to vacate?

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    Landlord to advice Tenant how to serve notice to vacate?

    My tenant has asked me how and when they need to serve their notice to vacate? I am reluctant .. any comments much appreciated.

    #2
    They need to give you notice in writing. Is the rent due monthly?

    When does the initial rental period end, or when did it?

    Comment


      #3
      As long as you accept the notice it's going to be valid unless either of you change your mind.

      Is the tenancy periodic?
      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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        #4
        Answer the questions in the link below with exact dates, then we can tell if you have anything to worry about.

        https://forums.landlordzone.co.uk/fo...om-new-posters

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          #5
          Refer them to the relevant clause in their tenancy agreement.

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            #6
            Appreicat the prompt replies.

            The TA was 6 months fixed and now on monlthy rolling (England)
            My concern is that the Tenant is in the process of buying, from what the Tenant had told me there maybe delays. The Tenant is now trying to backdate their notice so she can move out this month. I need the Tenant's valid notice in writing to confirm their vacate date and when they need to pay rent up to.
            When I told the Tenant when they need to pay rent up to and they had disagree and I do not wish to have this back me bite as lessons learnt - not always useful to be helpful. Hence, I am reluctant to tell them how to write and serve their notice.

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              #7
              As I said, your TA should cover it.

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                #8
                Originally posted by DPT57 View Post
                As I said, your TA should cover it.
                I It seems the Tenant does not want to read it ..

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                  #9
                  Then send him an email reproducing the clause

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                    #10
                    If the tenancy has wording that means it continues to be periodic the notice will be whatever the contract says it is.
                    If the tenancy doesn't keep the tenancy alive, or says that it continues as a new periodic tenancy, the tenant's notice (provided they're paying monthly) is a minimum of a month ending on the last day of a tenancy period (which is the day of the month that the fixed term ended on).

                    It should be in writing and it needs to be unambiguous (avoiding wording like "I plan to" or "We intend to" in favour of firm commitments).

                    It's possible that the contract has additional requirements, for example a specific address to which notices must be sent.

                    It can't be rescinded or changed thereafter (which is a pain if you're buying a house, because often the completion date isn't set until close to the event).

                    Personally I try and be as flexible as possible when this happens, the tenant is usually pretty stressed and they're not really in control of the timescales.
                    And any notice that you accept as valid will become valid in every practical sense.
                    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                    Comment


                      #11
                      Point them in the direction of the Shelter website it has templates and advice on there on how to serve a NTQ

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                        #12
                        I have notified the Tenant, the notice they had served is invalid and referred them to the TA. I have not agreed an end date but they now claim they have sought advice and have served their one month's notice and they claim they have moved out. Any thoughts?

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                          #13
                          Issue a section 21, start proceedings, go to court, appoint bailiffs, then try to sue the tenant for the 12-18 months of missed rent and hope you win.
                          Alternatively, accept their notice and relet the property asap.

                          Comment


                            #14
                            Clauses in the tenancy covering notice do not apply when periodic. (S6 of Thatcher's 1988 housing act).

                            So no point quoting what it says.

                            Try and do a flexible deal - they permit you in, maybe do some work, to prepare for next let, and you be flexible on end date. You are at liberty to both agree end any time - eg this afternoon, 15:45.

                            Could be win win
                            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


                              #15
                              theartfullodger - The Tenant claimed they have vacated. I will ask them to do checkout and permission to entrer the property.

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