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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I have a but to let property, initially let on a 6m AST agreement

Customer Question

I have a but to let property, initially let on a 6m AST agreement from 11/11/12-11/5/13.
This is now a periodic agreement, left fixed term to roll over.
Have now been informed by neighbours that tenants have very loud 'domestic' arguments that include load swearing & banging doors. The tenants children have also been observed climbing onto a Perspex roof at the bottom of the garden and climbing onto other roofs.
I have rec'd letters from neighbours both sides of my property.
The agreement has a std clause about anti-social behaviour and not causing a nuisance.

Initially I was going to send the tenants a letter to stop / moderate their behaviour of I will issue notice to terminate tenancy. However, a) Don't know how long is a reasonable time frame for them to stop or b) Can I just issue a notice to leave, without a reason, and what notice period I am obliged to give or c) Issue letter, then give them say 1 month to comply, and if they don't, then issue notice - again don't know notice period.
But not sure if by issuing letter with a reason, give grounds for the tenant to contest notice and that I will then have to go to court for possession of the property.
Submitted: 3 years ago.
Category: Property Law
Expert:  Joshua replied 3 years ago.

Josh-2010 :

Thanks for your question. Please kindly RATE my answer when you are satisfied

Josh-2010 :

May I clarify with you hat at this time you have already resolved to ask them to leave - i.e. as opposed to contacting them first to mention their behaviour and asking them to be considerate in the hope they can stay please?

JACUSTOMER-i5s8e1f3- :

I have not yet resolved to ask them to leave. Apart form the complaints, house is looked after, and rent is paid on time.

Josh-2010 :

Thanks. If the tenancy is now a periodic tenancy if you decide you wish to ask them to leave you will need to serve a statutory notice on them.

Josh-2010 :

The relevant section from the Housing act the periodic tenancies is s21(4)(a). this requires a landlord to serve a minimum of two clear months notice on a tenant to vacate the property which notice can only expire (the move out date) the day of for rent is payable

Josh-2010 :

it is very easy to make a mistake with this notice and any errors are treated very severely by the courts in that the notice will be declared invalid and the whole process must be repeated. It is therefore very important to ensure the dates are correct. A landlord must also use a prescribed form of notice rather than just letter for example

Josh-2010 :

It is worth using an online service to prepare the notice if you are not used to preparing them such as the below:

Josh-2010 :

http://www.lawdepot.co.uk/contracts/eviction-notice-forms/

Josh-2010 :

By contrast, the tenant is bound by the same rules save that the tenant must only serve one clear months notice on the landlord but that notice must still end the day before rent is payable. The tenant does not have to use a prescribed form of notice

Josh-2010 :

Is there anything above I can clarify for you?

JACUSTOMER-i5s8e1f3- :

Thanks.

JACUSTOMER-i5s8e1f3- :

If I send warning letter, am I still bound to give 2 months notice after the deadline set to improve behaviour if the tenant still fails to moderate the noise, even though they will be in breach of the terms of the tenancy agreement?

JACUSTOMER-i5s8e1f3- :

Is there a way of combining warning and serving notice so that time frame can be reduced?

JACUSTOMER-i5s8e1f3- :

Thanks

Josh-2010 :

I am very sorry for the delay in reverting to you. I have been away for the weekend and without internet access.

Josh-2010 :

Whether you send a warning letter of not in order to evict them you are still required to give them a s21 notice to evict. The only way to combine the two is to send a letter with a s21 notice and state in the letter that you are enclosing the s21 notice however if the tenants contact you in order to give reassurances you reasonably require in respect of their behaviour then you will consider whether the notice can be withdrawn.

Josh-2010 :

There is nothing stopping you withdrawing a s21 notice after issuing it. You can do this simply by confirming that the notice is withdrawn to the tenants.

Josh-2010 :

There is another form of notice in the form of a s8 notice which you can serve on the tenant if they are in breach of their tenancy terms but this type of notice gives the court discretion as to whether to evict and for this type of situation a court will often be willing to allow the tenants a second chance and court proceedings are more drawn out so although the notice period itself can be shorter if the tenants refuse to leave the court proceedings will likely be more drawn out and can result in the tenants being allowed another opportunity by the court.

Josh-2010 :

Does the above answer all your questions or is there anything I can clarify or help with any further?

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