Evicting tenant - 1 month or 2 months notice?

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    Evicting tenant - 1 month or 2 months notice?

    I am looking to move in to an apartment that we currently have rented out. I have the following wording in a tenancy agreement with our tenants. Do I have to give them 1 months notice as per the first clause or 2 months notice as per Section 21?

    - Both the tenant and the landlord have the right to terminate the Tenancy after the first three-month period on 3rd June 2016 by giving no less than one month's notice in writing to end the agreement. The notice of one month can be given on any date after this initial break clause up until the fixed term ends. Notice must be provided in writing. This does not affect the right of either the Landlord or the Tenant to pursue their legal remedies against the other for any existing breach of any rights under the Agreement. If, at the end of the fixed term, you stay in the property the tenancy will continue as a statutory periodic tenancy. The periods of this tenancy will depend on the periods for which you pay rent. You must give at least one month’s notice to end it. This notice must end on the last day of a tenancy period.

    - This agreement is an assured shorthold tenancy (as defined in section 19A of the Housing Act 1988). The arrangements in section 21 of the Housing Act 1988 for the landlord to repossess the property apply to this agreement. This means that you cannot claim any legal rights to stay on once the tenancy has ended and a court order says you must leave. The landlord giving a section-21 notice must give at least two months’ notice, in writing. For more information, you should consult a housing advice centre, solicitor or citizens’ advice bureau who will tell you what this means.

    #2
    2 months is the tenant's legal right.

    Comment


      #3
      The two terms seem to contradict each other?

      Do I 'end the tenancy agreement' with 1 month notice as per the first clause? Followed by a Section 21 at the same time? Or do I just issue a Section 21 immediately with 2 months notice?

      Comment


        #4
        After some more digging on the interweb it seems as though the first clause is bogus! The earliest a break clause can be is at 6 months...

        Am I right in saying also that in order to get possession I have to use a S21 notice? Which requires 2 months notice (regardless of what it says in my tenancy agreement?)

        Comment


          #5
          When did tenancy start & when does it end?? S21 cannot expire before end of tenancy.

          s21 does not end tenancy nor require tenant to leave, however. That requires the courts.
          I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

          Comment


            #6
            Originally posted by moon_man View Post
            After some more digging on the interweb it seems as though the first clause is bogus! The earliest a break clause can be is at 6 months...
            That's not correct.

            How long is the fixed term to which the break clause applies?
            When did the tenancy start?
            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

            Comment


              #7
              Please complete & paste http://www.landlordzone.co.uk/forums...ll-new-posters

              A dog's dinner of a clause. It provides for a break clause at end of month 3, irrespective of fixed term length, but activation by s21 or T NTQ, should both require 2 months expiry, but s21 does not end T, only resets end of fixed term period to end of month 5.
              I doubt ay Judge would grant you possession until end of month 6, unless you included s8 g1 in orig AST and it allows use of s8 during orig fixed term.
              The aswer to your Q is that any s21 you serve requires 2 month expiry date, but if T does not want to vacate, she has good reason to make your life complicated for several months.
              You pays your money and takes your chances, whichmay be better spent providing an inducement for T to vacate at end of month 6 IMO

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