If you wish to evict a tenant, you must serve notice on them. The contents are strictly regulated and if you do not serve the correct notice, you may have to begin the process again should you need to obtain a Possession Order from the Court.
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Notices are used to bring a tenancy to an end. Tenants have rights which depend mainly on when they took out their tenancy agreement.
These type of notices apply to situations Assured Shorthold Tenancy (most common) and the term has come to an end. If a deposit was taken, the landlord must have protected it with a deposit protection agency.
The landlord should serve a written notice giving at least 2 months of the intention to remove them. Should the tenants not leave at the end of the notice period, the landlord will have to obtain a Possession Order from the Court to legally remove the tenants.
This notice is used when a tenant has breached the tenancy agreement, most commonly rent arrears. The grounds are detailed in the Housing Act 1988.
With this notice the notice period varies from 2 weeks to 2 months depending on which ground is being relied upon.
Say you serve a notice to quit, as you want to move a family member in but you quickly drafted the notice without doing much background research and no legal advice. The notice has been served but the tenant has moved out so you have to issue proceedings in the Court.
If the matter then went before a Judge, which can take between 8 and 12 weeks, he could rule that the notice was invalid ‘because you haven’t made reference to the correct statute’. He could then order you to serve the correct notice on the tenant which could be up to another 2 months and then Court proceedings have to be issued again.
This is why it is crucial to serve the correct notice on tenants. Failure to do so, could delay the process by months.
If you are a tenant and wish to give up the tenancy agreement, you should get in touch with your landlord. If it is during the fixed term of the tenancy, the landlord must agree whether it is possible.
If you leave when you are not entitled to, under the tenancy agreement, you will be held accountable for paying rent in that period. However, there is an obligation on the landlord to attempt to recover his losses.
When a tenant serves notice, there is no special information that has to be included. To be valid it has to be in writing and the time period must be in line with that prescribed in the tenancy agreement.
If you are a landlord and would like us to draft notices we work on a fixed fee basis. This includes the advice relating to the eviction process and drafting the notices.
Specialist Landlord Services
My name is Carol O’ Leary. I am a lawyer who specialises in landlord and tenant legal services. We aim to provide our clients with an outstanding legal service.
We will help and support you and most importantly we work hard for you.
Please contact us for a free, no obligation chat at either our Corby office on 01536 276300 or our Kettering office on 01536 311690 or contact us online.