Advice required re giving tentants notice

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    Advice required re giving tentants notice

    Hi, I've been renting my bungalow out since June last year, I gave the Tentants a six month shorthold tenancy agreement,which they signed, I never got another one issued in January, and now I need the house back for us to live in as we have a baby due in 10weeks. In the original agreement it stated that I need to give them 4 weeks notice

    "5.6 If at any time the Landlord:
    5.6.1 requires the House for occupation by himself or any member of his family; or
    5.6.2 wishes to sell the House with vacant possession; or
    5.6.3 has died and the Landlord’s personal representatives require vacant possession either to sell the House or so that it can be occupied by a beneficiary under the Landlord’s will or intestacy
    then, in any such case, the Landlord may terminate the tenancy by serving not less than one month’s notice in writing expiring at any time.
    5.7 If at any time during the Term the Tenant wishes to terminate the tenancy, he may do so by giving not less than two months’ notice in writing expiring at any time."

    They are due to pay rent again on Friday 24th February and I intend to give them written notice at this time.

    Questions,
    because another tenancy agreement wasn't issued, where do I stand from a legal point of view.
    Should I issue another agreement and have it signed on Friday and then give them notice on Monday.

    Any help would be great
    Thanks.

    #2
    You must give the tenant a minimum 2 months notice ending on the last day of a rental period.

    You dont need to get another agreement signed.


    (the tenant only needs to give one months notice to leave no matter what you write in the agreement.)

    Comment


      #3
      Where on earth did you get this AST? From what has been posted the clauses are pretty duff!
      The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

      Comment


        #4
        Originally posted by Paul_f
        Where on earth did you get this AST? From what has been posted the clauses are pretty duff!

        The Landlord and Tenant Handbook by Peter Rachman!

        Comment


          #5
          when was it published?

          Comment


            #6
            Maybe in the seventies, Rigsby used to use it.

            Comment


              #7
              Professional landlord - NOT!

              Do not issue any more tenancies! Not now (and judging by the unenforceable terms you have just quoted) NOT EVER! Jeesh!

              Comment

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