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How many months notice do I need to give my tenants to end 12 month tenancy?

Started by Betty, July 29, 2021, 07:37:36 PM

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Betty

Hi Folks,

My tenant's tenancy is a fixed 12 month term (runs from April 2021 to April 2022, with no six month break clause). After the fixed term, the tenancy will continue as a monthly contractual periodic until ended following either party giving notice.

The agreement stipulates the tenant can bring the tenancy to an end at, or any time after the fixed term by giving me at least 1 month's notice.

As the Landlord it states I can bring the agreement to an end at or any time after the fixed term, ".by giving to the Tenant at least the minimum notice period required by section 21 of the Housing Act 1988 as amended by the Housing 1996, stating that the Landlord requires possession of the Property. A notice under section 21 of the Housing Act 1988 will suffice to implement this sub-clause. Such a notice can be served at the earliest at the commencement of month 5 on the first ever agreed tenancy or at any time during the tenancy on any subsequently agreed renewals."

From a previous tenancy I understood the minimum notice period to be 2 months. But due to COVID-19 I understand this to have changed to protect tenants in England.

Info from the .gov website shows...

-"If you gave your tenant notice on or after 1 June 2021, the notice period must be at least 4 months."

"In England, you may need to give a longer notice period if you have a 'contractual' periodic tenancy. This is a fixed term tenancy that has ended, but included a clause to continue as a periodic tenancy. The amount of notice must be the same as the rental period, if this is more than 2 months. For example, if your tenant pays rent every 3 months, you must give 3 months' notice
."


My questions:

-So from the above info, am I right in my understanding that if I want to end the agreement with my tenants at the end of April 2022, I have to give 4 months' notice – so this would be in January 2022?

-Alternatively if the contract rolled from the fixed term to periodic for a number of months and I then wanted to end agreement, as my tenants pay rent monthly, I would give them 1 month's notice?


Very grateful of any clarification you could give!  :)

Many thanks,
Betty.

KTC

Well, first of all, a landlord's notice does not end the tenancy, it merely give the landlord the right within a certain period of time to bring a claim for possession in the courts. If the tenant don't voluntarily decides to leave as a result of your notice or their own choice, then you need to bring the claim, get a possession order, and then pay for the bailiffs or a High Court enforcement officer to execute the possession order to evict.

The minimum notice period is due to be bought back down to 2 months at some point this year on current plans. Otherwise yes, the current limit is 4 months.

Hippogriff

Quote from: Betty on July 29, 2021, 07:37:36 PM-Alternatively if the contract rolled from the fixed term to periodic for a number of months and I then wanted to end agreement, as my tenants pay rent monthly, I would give them 1 month's notice?

You cannot give a Tenant 1 month notice.. that's from Tenant to Landlord, not Landlord to Tenant.