Is 2 months notice allowed on AST under 1 year?

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    #16
    Ground 1 of Section 8 says:

    Not later than the beginning of the tenancy the landlord gave notice in writing to the tenant that possession might be recovered on this ground or the court is of the opinion that it is just and equitable to dispense with the requirement of notice and (in either case)—
    (a) at some time before the beginning of the tenancy, the landlord who is seeking possession or, in the case of joint landlords seeking possession, at least one of them occupied the dwelling-house as his only or principal home; or

    (b) the landlord who is seeking possession or, in the case of joint landlords seeking possession, at least one of them requires the dwelling-house as [F1 his, his spouse’s or his civil partner's] only or principal home and neither the landlord (or, in the case of joint landlords, any one of them) nor any other person who, as landlord, derived title under the landlord who gave the notice mentioned above acquired the reversion on the tenancy for money or money’s worth.
    The key bits are highlighted. The notice period for ground 1 is 2 months.

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      #17
      Originally posted by Snorkerz View Post
      The notice period for ground 1 is 2 months.
      Yes, but- if L did serve Notice before term (and if term is at least two months)- L can start proceedings at once if T refuses to leave at term end.
      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.
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        #18
        Now its getting complicated for my little brain.

        If I was to give notice now as an ex-resident myself do I have to declare that I want to live their myself as I dont, I purely want it empty to sell it as I need the funds badly and the mortgage company is putting the costs up in February and the rent only breaks even or little loss right now. I dont want to get into any trouble - I have spoken to the agent who installed the tenants and she saying there is no way I cant do it until December as the AST ends then!! Shes also quite happy to sell it for me but I dont quite trust all she is saying, seems more interested in lining her own pockets.

        Thanks

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          #19
          Originally posted by googley View Post
          Now its getting complicated for my little brain.

          If I was to give notice now as an ex-resident myself do I have to declare that I want to live their myself as I dont, I purely want it empty to sell it as I need the funds badly and the mortgage company is putting the costs up in February and the rent only breaks even or little loss right now. I dont want to get into any trouble - I have spoken to the agent who installed the tenants and she saying there is no way I cant do it until December as the AST ends then!! Shes also quite happy to sell it for me but I dont quite trust all she is saying, seems more interested in lining her own pockets.

          Thanks
          You don't seem to understand what we are telling you.

          1. You cannot require your tenants to move out before the end of their fixed term AST. The two moth notice thing applies only to notice given which expires

          (i) at the end of the T's fixed term (December, in your case)
          (ii) during a statutory periodic tenancy (a 'rolling' tenancy)

          All you can do is ask them nicely, and they are entitled to say no. Sweetners are indeed an option, but don't make them part of an ultimatum.

          2. Even if you do serve notice correctly, there is no guarantee your T will move out on time. If they don't, you will be obliged to seek a possession order which could take a couple of months. Then if they still don't move out you would have to instruct bailiffs. It ain't quick.

          Of course your agent will want to sell your house for you. They are out to make money out of you. Hadn't you noticed? It's what agents do. However, some one has to sell it. Better the devil you know?

          3. Your Ts are not obliged to co-operate over viewings, so it is in your interests to be nice to them.
          'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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            #20
            Thanks, I did get confused (brain fog as have M.E.). Will sit tight until December then when the lease finishes. Maybe I will have won the lottery by then and they can stay!!

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