notice period

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  • notice period

    Hi all
    have recently become a member after reading all the interesting threads on the site, very helpful.
    I have a query of my own that someone may be able to answer.I have two tenants who are both more than 8 weeks behind with their rent. The first is still in an assured shorthold tenancy and so i will be serving this person with a section 8 notice. The second tenants shorthold tenancy ran out in february and so we understand they now have a periodic shorthold tenancy. Their rent was paid(very sporadically!) weekly so the term of the tenancy is weekly. My query is can i serve this person with a section 8 notice because they are over 8 weeks behind with rent or does this not apply to periodic tenancies? If not then presumably i would have to serve a section 21 possesion order. Any comments would be appreciated

  • #2
    You can serve both tenants with the section 8. Please be aware that it can be a lengthy process though. You could actually serve your periodic tenant with both a section 8 and a section 21 and then decide which route you'd like to follow through court at a later date when you've taken more advice or done more research on the subject.

    The reason I suggest issuing both notices where possible is because if the tenants bring arrears below 2mths at any point before appearing in front of the judge you might not get possession (as 2mth arrears is mandatory whereas late payments is discretionary).

    As a matter of interest, what stage of tenancy is the tenant still within the fixed term? You might actually find that it would be worthwhile serving that tenant with both notices too.

    Let us know when the tenancy started and is due to expire and we may be able to offer more advice.

    Kind Regards

    J

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    • #3
      Thanks for the reply. To answer your question the tenacy started in September 06 and was fixed for 9 months. So expiry will be in June. Am i right in thinking that because it was for a fixed term i can serve a section 21 notice as well as a section 8, but that this cannot come into affect till the end of the contract.?

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      • #4
        A S21 Notice can be served during the fixed term provided it is served at least two months before the expiry date.

        The expiry date is the day before the beginning of a new rental period.
        Vic - wicked landlord
        Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
        Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

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        • #5
          Originally posted by Worldlife View Post
          A S21 Notice can be served during the fixed term provided it is served at least two months before the expiry date.

          The expiry date is the day before the beginning of a new rental period.
          Let's rephrase that, shall we?
          A s.21 Notice can be served at any time during or after a fixed term.
          1. If it's served >2 mths, before expiry, it operates at expiry.
          2. If it's served during final 2 mths., it operates 2 mths. from service.
          3. If it's served after expiry, it operates after the periodic tenancy end (eg end of rent month) that first follows 2 mths. from fixed term expiry.
          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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          • #6
            Originally posted by jeffrey View Post
            Let's rephrase that, shall we?
            A s.21 Notice can be served at any time during or after a fixed term.
            1. If it's served >2 mths, before expiry, it operates at expiry.
            2. If it's served during final 2 mths., it operates 2 mths. from service.
            3. If it's served after expiry, it operates after the periodic tenancy end (eg end of rent month) that first follows 2 mths. from fixed term expiry.

            Jeffrey - I'm so glad I'd not been drinking when I read the above post!

            It makes perfect sense to me (with all the research I've done) but a newbi might well have lost you somewhere in the midst of point 1. Maybe if the word expiry was replaced with expiry of fixed term so as not to be confused with expiry of notice? Only a suggestion....

            Kind Regards

            J
            Last edited by Joannepowell; 19-03-2007, 09:17 AM.

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            • #7
              Thank you all for your help and advice! I will serve the notices and see what happens.

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              • #8
                Originally posted by Joannepowell View Post
                Jeffrey - I'm so glad I'd not been drinking when I read the above post!

                It makes perfect sense to me (with all the research I've done) but a newbi might well have lost you somewhere in the midsy of point 1. Maybe if the word expiry was replaced with expiry of fixed term so as not to be confused with expiry of notice? Only a suggestion....

                Kind Regards

                J
                Why, when do you normally drink? Until you feel midsy?
                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).

                Comment


                • #9
                  U at it again Jeffrey?

                  Originally posted by jeffrey View Post
                  Why, when do you normally drink? Until you feel midsy?

                  Morning chuck (note correct spelling of morning).

                  Drink? Me? Never! Oh go on then - I confess to having the odd tipple but only on days with a 'y' in them!

                  I've corrected my error especially for you and rewop - as I know how fussy you both are.... just don't be making any typos yourself today Jeffrey cos I'm watching and waiting.... LOL

                  J

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