Serving notice on a non housing act tenancy

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    Serving notice on a non housing act tenancy

    I've got a bit of a complicated tenancy and now need vacant possession but unsure how much notice I need to give the tenant.

    The original non Housing Act tenancy agreement (rent over £25k) included a 60 day mutual break clause. Tenancy was extended for a further year with a 90 day mutual break clause in Janaury 2009. This expired in January 2010 and the tenancy became periodic. The rent has always paid monthly on 21st of each month.

    What's the earliest I can get rid of him and when should I serve notice??

    Many thanks in advance
    Sarah

    #2
    Originally posted by DaMrs View Post
    I've got a bit of a complicated tenancy and now need vacant possession but unsure how much notice I need to give the tenant.

    The original non Housing Act tenancy agreement (rent over £25k) included a 60 day mutual break clause. Tenancy was extended for a further year with a 90 day mutual break clause in Janaury 2009. This expired in January 2010 and the tenancy became periodic. The rent has always paid monthly on 21st of each month.

    What's the earliest I can get rid of him and when should I serve notice??
    On 1st October, the threshold for assured shorthold tenancies will increase to £100,000 pa. This means the tenancy will become an assured shorthold tenancy on that date, and you can use s.21 procedure to gain possession. If the T paid a deposit, it would be advisable to protect it with the DPS before serving a s.21 notice.

    Further info
    http://en.wordpress.com/tag/rent-threshold-change/

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      #3
      Thanks for that but if I want to start proceedings now, do I serve a Notice to Quit giving 4 weeks notice?

      Comment


        #4
        Originally posted by DaMrs View Post
        Thanks for that but if I want to start proceedings now, do I serve a Notice to Quit giving 4 weeks notice?
        Well, you can't serve a s.21 before the tenancy becomes an AST, so if you served notice now it'd have to be a NTQ. No idea, however, what would happen if T didn't move out and you applied for possession after 1st October based on a NTQ.

        Comment


          #5
          Originally posted by DaMrs View Post
          I've got a bit of a complicated tenancy and now need vacant possession but unsure how much notice I need to give the tenant.

          The original non Housing Act tenancy agreement (rent over £25k) included a 60 day mutual break clause. Tenancy was extended for a further year with a 90 day mutual break clause in Janaury 2009. This expired in January 2010 and the tenancy became periodic**. The rent has always paid monthly on 21st of each month.

          What's the earliest I can get rid of him and when should I serve notice??

          Many thanks in advance
          Sarah
          **- No, it didn't, because none of the 1988 Act applies.
          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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