What's Notice period on Statutory Periodic Tenancy?

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    What's Notice period on Statutory Periodic Tenancy?

    Hi -
    I have tenants on an AST (6 month contract) which ends on the 15th of August. They are consistently late with rent payments, the rent for this month will be in arrears by 21 days on thursday 5th, I have had enough and want to give them notice. Can I give them 1 months notice on Thursday 5th or do I have to wait for the AST to end and serve them 1 months notice from that day (15th of Aug)? Can anyone help me?
    Many Thanks,

    #2
    You can't give one months notice in either situation.

    The following assumes any deposit has been protected, and that if the tenant occupies a licensable HMO than the property has to be licensed.
    You can serve a section 21(1)(b) notice any time up to the 15th, giving 2 months notice.

    After that, you would serve a section 21(4)(a) notice giving a minimum of 2 months notice - with the expiry date on the 15th of the month (presuming rent is due monthly).

    You need to read up on he s21 process as neither of these notices guarantee the property will be vacant after your notice period - all the s21 really says is that after the notice period, you can apply to the courts for a possession order.
    You could also issue a section 8 notice giving 14 days notice under grounds 10 & 11. It would be pointless applying to the court for possession on this though as the judge can use his discretion and your tenants breach is, relatively, minor.

    Comment


      #3
      Thank you Snorkerz!
      Please can I ask one more question: when I serve a section 21(1)(b) notice, and say i serve it on the 5th of August and give 2 months notice does that mean they have to be out on the 5th of October or on the monthly rent day on the 15th of October?
      Thank you for your help I really appreciate it.

      Comment


        #4
        Originally posted by Retreat View Post
        when I serve a section 21(1)(b) notice, and say i serve it on the 5th of August and give 2 months notice does that mean they have to be out on the 5th of October or on the monthly rent day on the 15th of October?
        'Two months' runs from service of Notice. The fact that it's part-way through a rent month is irrelevant, as long as the fixed term AST is still running as at the day when such Notice is served on T.
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

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          #5
          Thank you very much for clearing this up for me. Many thanks,

          Comment

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