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TENANT /LANDLORD EVICTION NOTICE

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Author Topic: TENANT /LANDLORD EVICTION NOTICE  (Read 92 times)
Newbie
Posts: 4

I like property

« on: November 06, 2021, 09:44:36 AM »

Sorry if this has been posted before but I need to know if my tenant needs to give me any kind of notice that she is leaving now that I have given her verbal warning I will be evicting her next April.  I am telling her now so she can prepare herself for eviction papers being served in the New Year.  I think six months is quite fair to allow her get herself somewhere else to live especially as she has two dogs so it wont be easy.  Does she legally still have to give me any notice she will be leaving on a certain date.   
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Posts: 4330

Abuse Officer

« Reply #1 on: November 06, 2021, 10:12:05 AM »

You haven't told us what kind of tenancy is in place.

Is it a fixed term than ends in April? If so, and she's happy and able to do so, she can just walk out on the last day... no notice required (but it would not be very normal to say nothing).

Is it a Statutory Periodic Tenancy? If so, she has to give you at least one month of notice.
Jr. Member
Posts: 85

Landlord - always learning

« Reply #2 on: November 06, 2021, 11:48:49 AM »

I have given her verbal warning I will be evicting her next April.

I am telling her now so she can prepare herself for eviction papers being served in the New Year.

I think six months is quite fair to allow her get herself somewhere else to live.

Does she legally still have to give me any notice she will be leaving on a certain date.

The fact that you have asked a question about your tenant giving you notice, plus the fact that you didn't give consider it important to provide any information about the type of tenancy suggests that you are not (yet) very clued up about the legal process of regaining possession of your property and, importantly, what can go wrong if you don't serve the notice exactly as you should, or if the tenant simply decides not to leave on the appointed date in April.

If this is a DIY job, may I respectfully suggest that you do a lot of reading first, or alternatively that you get professional help.

Don't assume that your tenant will play ball, so plan accordingly.
Newbie
Posts: 4

I like property

« Reply #3 on: November 06, 2021, 11:54:37 AM »

Hi. Thanks for your posts.  I'm not totally clueless even if I sound it.  Its is a rolling tenancy, she has been there for 3 years this August. I do know I have to serve a Section 21 and certain things have to be perfect like every detail on the Eviction notice. Also I have to have the usual stuff up to date, Electricity certificates which dont apply in this case as they are in date, Gas safety certificate which is legal and making sure smoke alarms are working which they are.  If there is anything else I have missed please let me know.  Its the first time I have had to evict a tenant, when I had my other property down south (I live in the North) the agency did everything for me.  I did get an agency to find me a tenant on a finders fee basis (this is the tenant I am evicting.  Hope all this helps.  i am not expecting things to go smoothly, Im not that green I just wondered about the tenant's rights in relation to giving the landlord notice in the circumstances. 
« Last Edit: November 06, 2021, 11:58:11 AM by Trood »
Full Member
Posts: 195

I like property

« Reply #4 on: November 06, 2021, 12:18:38 PM »

I believe if you are on a rolling tenancy then the tenant needs to give one month's notice. If this is on the rent payment date or the end of the month should be specified in the tenancy agreement.
Newbie
Posts: 4

I like property

« Reply #5 on: November 06, 2021, 12:50:16 PM »

I believe if you are on a rolling tenancy then the tenant needs to give one month's notice. If this is on the rent payment date or the end of the month should be specified in the tenancy agreement.

Thanks for your help.  If things do not go to plan I can amuse you all with the drama.  There has been a few so far although I wont bore you with the details here.
Jr. Member
Posts: 85

Landlord - always learning

« Reply #6 on: November 06, 2021, 04:53:18 PM »

I'm not totally clueless

That's good.

I was just making sure because some people become self-managing landlords without doing sufficient homework first, then get into difficulties when they need to repossess their property.

Deposit protected and Prescribed Information provided to the tenant within the 30 day window?
Newbie
Posts: 4

I like property

« Reply #7 on: November 06, 2021, 05:37:47 PM »

Quote
Deposit protected and Prescribed Information provided to the tenant within the 30 day window?

Yes.
« Last Edit: November 06, 2021, 09:28:28 PM by Hippogriff »
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