Tenancy Agreement quotes seven days notice to quit. Legal?

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  • Tenancy Agreement quotes seven days notice to quit. Legal?

    Hi,

    I bought an apartment which already had a tenant in place. It states in the original tenancy agreement that the Landlord can determine the tenancy by giving 7 days notice to quit, to which the tenant has signed. I've read everywhere else that it's a month you have to give in a notice to quit. Which is right? I'm in NI. Thanks for any help.

  • #2
    Assuming the original tenant has an Assured Shorthold Tenancy, and that NI law is the same as English law in this respect, then the landlord has to give 2 months notice to the tenant and the tenant has to give 1 months notice to the landlord; and the terms of the tenancy agreement would not be enforceable.

    But note "assuming".

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    • #3
      Originally posted by myusernamestaken View Post
      Hi,

      I bought an apartment which already had a tenant in place. It states in the original tenancy agreement that the Landlord can determine the tenancy by giving 7 days notice to quit, to which the tenant has signed. I've read everywhere else that it's a month you have to give in a notice to quit. Which is right? I'm in NI. Thanks for any help.
      Didn't you check this out with the solicitor you used when you bought the place?

      What were your original plans when you bought? What are your plans now? Why are you looking to get the tenant out (or are you just exploring your options)?
      Just to be extra sure, how long has the tenant been there? If it's for a very long time it could be a different kind of tenancy which gives the tenant much stronger rights.

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      • #4
        Originally posted by Ericthelobster View Post
        Assuming the original tenant has an Assured Shorthold Tenancy, and that NI law is the same as English law in this respect, then the landlord has to give 2 months notice to the tenant and the tenant has to give 1 months notice to the landlord; and the terms of the tenancy agreement would not be enforceable.

        But note "assuming".
        The law only covers England and Wales.Scotland and Northern Ireland have slightly different laws
        Disclaimer:I have over 30 years experience in housing(both social and private) as an EHO and Building Surveyor.I am also a certified expert witness having spent the last 15years working in housing litigation.The advice I give is from experience in working for various Local Authorities and how the law is interpretated.Housing Law is a minefield and is continually being amended if in any doubt you should consult a solicitor or someone of equal legal standing.

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        • #5
          This link should help:

          http://northernireland.shelter.org.u...dvice-3967.cfm

          Depends obviously which type of tenancy it is. However, it looks as if it is at least 28 days to evict. It sounds very much as if the tenancy is an "uncontrolled" tenancy, which I think is pretty much the equivalent to the English Assured Shorthold Tenancy.
          Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

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