Is 2 months notice allowed on AST under 1 year?

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    Is 2 months notice allowed on AST under 1 year?

    I have a property managed by agents which was rented last December. I phoned the agent today to say I need to sell the property due to my own personal circumstances but she has said I cant as the tenants have a contract to stay there for 12 months which will last until December and I cant wait that long.

    I was under the impression that if I gave 2 full months calendar notice that this would be enough to let them know.

    Can someone please clarify for me please?

    Thanks

    #2
    Assuming it is an Assured Shorthold Tenancy, any notice (2 months or otherwise) cannot expire before the agreement expires. You could serve notice now but it would have to be for possession after the last day of the 12 month agreement.

    You seem to be stuck until December.

    Comment


      #3
      Thanks, now for a little extra question I never signed the AST as Landlord (was due to stress at the time and being overlooked) which has just come to light. Would that have any bearing on the notice period?
      Thanks

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        #4
        No, your agent will of signed this on your behalf so its legally binding I am afraid to say.

        If you are really desperate to sell then perhaps you could offer your tenant a financial incentive to leave earlier.

        However given the current state of the housing market your property may take a while to sell and thus (subject to your tenants agreement of course) it may be prudent to keep the rent coming in whilst the house is for sale.

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          #5
          Of course there is nothing to stop you selling the house with the tenant in place. This perfectly possible and happens all the time. There can be some difficulties e.g. the tenant is under no obligation to allow you to do viewings and the property is only likely to be of interest to landlords etc.

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            #6
            Thanks for the advice, looks like I am stuck until December anyway.

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              #7
              they is nothing stopping you putting your property on the market now! As long as any buyer know its not avaible until decemeber! with the market the way it is it may well take that long anyway.

              this way it save you waiting until december, putting it on the market and then not selling for months later

              Comment


                #8
                I assume your tenancy agreement does not have a break clause
                PAUL GIBBS, solicitor, Jacobs & Reeves. My comments on this forum are correct to the best of my knowledge and belief. No responsibility or liability is accepted by reason of reliance upon such comments. This disclaimer would not apply to direct clients of Jacobs & Reeves where there is a valid retainer in place and I would be happy to confirm any advice if formally instructed. . Jacobs & Reeves now offer a fixed fee possession service.

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                  #9
                  As you say you are stuck until December.

                  You could try and selling your property as an investment providing you're receiving a decent rent and the figures will financially add up for your prospective purchaser. If your circumstances are relate to financial issues this could be a better option for you.

                  If your property is handled by a letting agent it would be worth contacting them and asking if they have any landlords on their books who may be interested.

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                    #10
                    Originally posted by googley View Post
                    I was under the impression that if I gave 2 full months calendar notice that this would be enough to let them know.
                    The reply posts are correct; from where/whom did you gain your 'impression'?
                    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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                      #11
                      Be aware that simply giving notice does not guarantee tenant departs or expiry date... see for a fair-minded exposition (IMHO..)
                      http://england.shelter.org.uk/get_ad...ld_tenancies#3

                      It can take months after notice expires to winkle out tenant, particularly if there are issues with deposit (HA2004 S215), badly drafted paperwork by Landlord, agent or solicitor, "special circumstances" pled brilliantly by tenant (3 babes-in-arms, disabled tenant, evil & wicked Landlord been harassing me and threatening me..), "surprising" thinking by the judge... etc etc...

                      Bribery often works...

                      Cheers!

                      Lodger
                      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


                        #12
                        Originally posted by thekaver View Post
                        they is nothing stopping you putting your property on the market now! As long as any buyer know its not avaible until decemeber! with the market the way it is it may well take that long anyway.

                        this way it save you waiting until december, putting it on the market and then not selling for months later
                        True, however, remember that the tenant has no obligation to let you, an estate agent or a potential purchaser view the property.

                        Comment


                          #13
                          Originally posted by jeffrey View Post
                          The reply posts are correct; from where/whom did you gain your 'impression'?

                          I thought this was the case:

                          Your landlord can give you two months' notice without having a reason but the notice should not run out before the end of the fixed-term. Speak to an adviser if this occurs, use our advice services directory to find help in your local area.

                          It doesnt say that is doesnt apply to AST.

                          Comment


                            #14
                            Bribery sometimes works if wishing a tenant to leave, but may be construed by the Judge as harassment...
                            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
                              Originally posted by theartfullodger View Post
                              Bribery sometimes works if wishing a tenant to leave, but may be construed by the Judge as harassment...
                              If I could afford some bribery I would use it but funds not available in the next few years!

                              I have just been reading some other posts and came across a slightly similar situation but was referenced "if it was previously landlords home then they can apply for possession". The particular house was my own home (as owner/tenant) for 12 years until 3 years ago. Does that make any difference in law now in trying to get it empty?

                              Comment

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