Giving Notice to Tenants - Could I have some advice please?

[Boobydoo]

Morning all.

Hoping you can help me. My Husband and I have been renting out our property since October 2009 to the same Tenants, but due to unforseen circumstances we need to move back into the property.

I want to do this properly and with the minimum of stress to the Tenant and us.

The Agreement started on 8th October 2009 (we had allowed the Tenant access to the house one month before, free of charge. The Agreement is a Assured Shorthold Tenancy Agreement and the term is six months. The rent payment date is on 20th each month, but the Tenant asked for it to change to 25th each month, which we allowed.

So I take it I give them two months notice? As I need to give two rental periods then do they need to be out by 20th or 25th October 2011?

Any advise would be appreciated

[jta]

Always go by the original dates of the agreement, they do not always coincide with the rental dates.

[Boobydoo]

Thank you.

So I give them until 8th October 2011? Sorry, but I'm not up on this kind of thing.

[westminster]

The Agreement started on 8th October 2009 (we had allowed the Tenant access to the house one month before, free of charge. The Agreement is a Assured Shorthold Tenancy Agreement and the term is six months. The rent payment date is on 20th each month, but the Tenant asked for it to change to 25th each month, which we allowed.

So I take it I give them two months notice? As I need to give two rental periods then do they need to be out by 20th or 25th October 2011?

A s.21(4)(a) notice served during a periodic AST must give at least two months and also expire at the end of a tenancy period (not the same as a rental period, though the two may coincide).

If the 6 month fixed term commenced 8th October 2009 then it expired on 7th April 2010 (unless the contract specifies a different date). The periodic tenancy arose on 8th April 2010, with tenancy periods running 8th - 7th of the month. So your notice must expire "after 7th [mm/yy]". It is essential to use the word 'after'. For example, if you served notice by hand today (or by 4.30pm on 7th September at the latest), then the earliest your notice could expire would be "after 7th November 2011".

If the T paid a deposit, it must be protected and the prescribed info provided to the T before service of a s.21 notice.

Note that a s.21 notice is not a notice to quit; it does not end the tenancy nor oblige the T to vacate. It merely entitles you to apply to the court for possession after the notice expires. In other words, T doesn't 'need to be out' by notice expiry. If T wishes to unilaterally end the tenancy, he must serve you with valid notice to quit. Alternatively, you and T may mutually agree a surrender on a date convenient to you both.