Help: Enforcing 2 month notice given to tenants

[gandolfi]

Please help...

 

The 12 month term of the contract with our tenants finished a few months ago and the contract became a standard 'rolling' shorthold tenancy. We decided recently that we'd like to sell the house and served 2 months notice to the tenants as required.

 

In conversations with the tenants we informally suggested that if they hadn't found somewhere to move to before the end of the notice period, we might be able to allow them more time than the two months notice (trying to be flexible and generous).

 

However, they have become quite awkward in allowing access to the property for tradespeople to go in and do boiler checks, repairs etc. and we are worried that this will continue with the estate agents and potential viewings. We now want them out of the property asap so that we can get on with selling the house.

 

My first question is - how do I enforce the moving out date (after 2 months)?

 

Secondly, if we agree to give them a couple of extra weeks, do we have to go through the process of formally serving notice again or can we give them this extension in writing with an agreed definite day for moving out?

 

Thanks for your advice.

All best wishes,

Gandolfi

[MrShed]

You really need to give a new 2 month notice IMHO.

 

Such notice must be absolutely clear and giving notice but then varying from the written terms of the notice by verbal conversation may well have invalidated the notice.

[Ed999]

My advice is applicable only if the rented premises are entirely within England and Wales, and only if you were granted a shorthold tenancy (under which you [and your spouse/partner/children if any] had exclusive use of at least a bedroom, a kitchen and a bathroom, none of which were shared with another tenant nor with the landlord) and you were over 18 years of age when the tenancy was granted.

 

 

You really need to give a new 2 month notice IMHO.

 

Such notice must be absolutely clear and giving notice but then varying from the written terms of the notice by verbal conversation may well have invalidated the notice.

 

Actually, in my opinion you would only invalidate the section 21 notice if you go beyond saying "we might be able to allow them more time" by actually agreeing a specific extension. If you did not do that, the original notice is probably still valid.

 

 

On a general point, bear in mind that the section 21 notice never was valid at all unless it -

 

a. gave a minimum of 2 calendar months notice, and

 

b. expires on the last day of a period of the tenancy, e.g. on the 14th day of the month if the tenancy was granted on the 15th of the month and requires the rent to be paid monthly, or on a Thursday if the tenancy was granted on a Friday and requires the rent to be paid weekly.

 

 

If the tenant does not leave on or before the date in the section 21 notice, you can commence county court proceedings for possession: Shorthold Tenancy - posession, eviction and notice

 

There is a book, a guide to suing in the county court, that you can buy: http://www.consumeractiongroup.co.uk/paypal.php?go=pearl