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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70200
Experience:  Over 5 years in practice.
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tenancy: My tenants have not left at the notice date. It was

Resolved Question:

tenancy: My tenants have not left at the notice date. It was only email notice to quit : is this sufficient to start an accelerated court hearing to evict them?.
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What type of contract is this please?
Customer: replied 3 years ago.

assured shorthold tenancy , has rolled on for over 3 yrs. i gave email and face to face notice to quit by mar 5 last october. they agreed by email and face to face.

Expert:  Remus2004 replied 3 years ago.
Did they sign fresh ASTs every year?
Customer: replied 3 years ago.

no. i was told that was not necessary

Expert:  Remus2004 replied 3 years ago.
OK.

Have you served a S21 notice at any time in the last year?
Customer: replied 3 years ago.

No that is my question. Is an email notice to quit by mar 5 sufficient to count as 'in writing'. I did not use the form.

Expert:  Remus2004 replied 3 years ago.
Thank you.

In short, it is not sufficient.

This is now a periodic tenancy agreement because the original AST has expired.

To bring to an end a periodic agreements you need to serve a section 21 notice. Now, the has-been caselaw that has reduced the requirements of section 21 notice and it has suggested that any form of note is sufficient. However, as a general rule people are still using section 21 notices for safety reasons.

Also, even if you were to rely on e-mail rather than a proper notice, you still haven't left enough time. A section 21 notice needs to be 2 months in length.

You can always serve a fresh notice. That will cause delay unfortunately but the options really are either serve notice again or go to court and take the risk of losing at your cost and having to serve notice at the end anyway.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo
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