SMF - Just Installed!

Can we give less than 2 months notice to evict?

Started by jenniferjones, June 24, 2013, 06:24:09 PM

Previous topic - Next topic

jenniferjones

Hi

We rented out our flat October 2010 and set up a fixed tenancy agreement for 6 months.

We have been on 'friendly' terms with our tenants for the full term of their stay - until now.

We would like to enter the property to redecorate (after destroying every available surface) which they have refused.

So I am hoping to try and evict them.

We have had a verbal agreement that the contract would then roll on a monthly basis.

Can I therefore give them 1 months notice rather than 2 to leave.

Plus because the 6 month agreement has ended and we have not signed another agreement with them do we lose all our rights as a landlord ? For example showing people around for a viewing in the last 6 months etc?

Any help would be gratefully accepted
Thanks

red shoes

If you are looking to evict using section 21 notice you must give a full two months notice from the next rent due. This is usually more than two months, and that is only the point from which you can instruct court proceedings (usually 4 ish weeks later) it can be handled online and I describe it as the headshot notice as they can rarely argue their way round it. Please note you will need to have protected any deposit, otherwise the court will chuck your application out (and you could be liable for 3 x deposit costs to go back to the tenant).
You are now on a periodic tenancy, actually your rights are protected and remain the same as under the agreement.
If they are in arrears of more than 2 rental payments you could use the section 8 notice. - I just wouldnt as it is the route of all things unjust for landlords.