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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10227
Experience:  LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
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I am a landlord of a property on which our Assured Shorthold

Resolved Question:

I am a landlord of a property on which our Assured Shorthold Tenancy agreement ran out 9 months ago. I need to move back into our property due to change in family circumstances, what is the minimum amount of notice do I need to give my tenant?
Submitted: 1 year ago.
Category: Property Law
Expert:  Aston Lawyer replied 1 year ago.

Hello and thanks for using Just Answer.

I am Al and am happy to assist you with your enquiry.

You will need to give your Tenant 2 months Notice, such Notice to expire on the day before the day in the month when the rent is due (ie if the rent is due on the 20th of each month, you would have to serve notice on him on or before 19th May, giving notice to end the Tenany on 19th July).

The notice does have to be in the prescribed form of a Section 21 Notice- you can obtain such a Notice by doing a simple search on the internet.

I hope this assists and sets out the legal position to you.

Kind Regards

Al

Customer: replied 1 year ago.
But the tenancy agreement expired 9 months ago.
Expert:  Aston Lawyer replied 1 year ago.

Hi Bev,

Thanks for your reply.

I am afraid that even though the fixed term of the Tenancy has ended, it doesn't entitle one party to end it now immediately, a sit becomes a " statutory periodic tenancy" .You do, therefore, need to serve Notice giving 2 months notice (your Tenant would be under a duty to give you 1 month's Notice if he wanted to end the Tenancy).

Sorry this is not the answer you were looking for, but if I have assisted, I would be grateful if you could rate my answer.

Kind Regards

Al

Customer: replied 1 year ago.
Thanks Al we have given her 7 weeks as she would be away on holiday for the 8th week. Although she wants much much longer.
Expert:  Aston Lawyer replied 1 year ago.

Thanks- well, as mentioned previously, for your Notice to be valid, it has to be for at least 2 months notice period and be in the correct form of a Section 21 Notice.

Kind Regards

Al

Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10227
Experience: LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
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