Period of notice needed and pescribed format for doing so

[sheepyshop]

Ok,

We have been renting on our current address for nearly 5 years. We started our tenancy on the 11th of August and our rent goes out on the 11th of each month.

Landlord issued us with an A4 piece of paper, in March giving us 6weeks notice to leave, saying that our tenancy was due to expire on the 1st of June (have no idea where he got this date from) and he was being genourus because he only had to give us a month and had let us have a few extra weeks out of the goodness of his heart!! Since then he has issued another notice on another piece of A4 on the 15th of May giving us untill the 15th of July.

 

My questions are these:

1. Does he have to issue us with a proper notice to quit in a perscribed format under section 21 of the 1988 housing act, if so does this mean his A4 written letters which just ask us to leave by a set date are not valid.

 

2.Surely as assured short hold tennants we are entitled to 2 months notice anyway and this should run from the same dates that our rent is paid.

 

3. He is asking us to leave because he wnts to knock a hole in the wall to make his house bigger. This was not sipulated in the tenancy agreement that he would want the house back . Can we object!

 

Thank you to any one who can help

[Seminole]

I'm not sure about the third point but he does have to give you 2 months notice and there is a prescribed format.

[barracad]

3. He is asking us to leave because he wnts to knock a hole in the wall to make his house bigger. This was not sipulated in the tenancy agreement that he would want the house back . Can we object!

As long as you are given the relevant notice, it doesn't matter what the reason is. They don't even need to give a reason.

[Nightmare4banks]

Hi all!

 

Sheepyshop,I am very sorry to read about your problem with your landlord.

 

In reply to your questions:

 

1.You MUST be given 2 months to vacate the property.

 

2.Any other notice of a lesser duration is null and void.

 

3.As long as you have an Assured Shorthold Tenancy your landlord would always succeed in obtaining a possession order provided he issued the correct 2 month notice.He does not have to give any reason.

 

4.The fact that you have lived in the property for 5 years makes no difference whatsoever.It is the type of tenancy that you have determines your exclusive right of possession.

 

5.A bit odd that he has used the 15th as the notice date considering the fact that your tenancy commenced on the 11th.In my view this is probably because this may be the date he receives your rent payments through the banking system.

 

6.If the 2 months lapse,your landlord can only evict you with a court order.However,if he goes to court he will get the possession order and if needed you would be evicted with bailiffs and the locks changed - not trying to scare you but give you some frank facts.

 

7.In my view find yourself an alternative property before the end of the notice and make good use of the ARLA - Association of Residential Letting Agents.Your deposit is put in a seperate account and you would not get any improper notices to quit either.

 

Details of the ARLA can be found on other postings within the Landlord and Tenant Section on this forum.

 

I hope you find this information/advice useful.

 

If you need any further help or have any questions,just ask.

 

Keep us posted.

 

All the best!