Hello my name is ***** ***** I will help you.
You can serve it as early as you want. You can serve the notice to quit on the day they move in if you want to.
The Court will only want to make sure that the tenant had at least 2 months notice and that the expiry date is correct.
So it makes no difference whether you serve it on 5h February or wait until 30th March. It is valid.
Can I clarify anything for you about this today please?
Correct. At least 2 months notice.
Does that clarify?
Is this a one off tenancy or a renewed one?
Ok - then yes you cant do it during the first 4 months, you also have to give them the renters guide and protect the deposit.I understood it was a renewal and if so that is my mistake. If its a new tenancy which commenced after October 2015 then you can't give notice until 4 months has elapsed.
If you have, then you need to serve NEW notice now, to take effect from 1st September.
But dont forget in any event if the tenant is in breach of their obligations you can still serve a Section 8 notice and seek possession for breach of tenancy, ie late with rent etc
Can I clarify anything for you?
Please see link below for detailed guidance:
You can serve S.21 notice as it will be a periodic tenancy.
So if its a 6 month tenancy on month 4 you serve 2 months notice to expire at the end of month 6.
But yes, you can issue a S.8 notice of the tenant is in breach.
The tenant must be either 2 months in arrears or continually late.
Yes Landlord can evict for whatever reason at end of fixed tenancy.
Correct. But you can serve a new section 21 now and a section 8 for breach of agreement.
I would serve both.
Section 8 is breach of tenancy and the test is two months arrears or continually late.
If you serve both then there can't be any doubt.
Does that clairfy?
Hello, I am a solicitor with 20 years experience I will try to answer this for you.
Forget about serving a section * notice. That leaves open the possibility of the tenant defending the proceedings and tying you up for months in court. I understand that the problem is pesistent delay in paying and not actual non-payment and that there are not any arrears to claim back.
You should serve a fresh s 21 notice and when 2 months have expired commence proceedings under the accelerated possession procedure assuming all the formalities referred to by Ash have been followed.
By section * I meant section 8.
For tenancies on or after 1.10.15 you must wait fro 4 moths before servign anotice. but it can be served any day of the month as long as it gives 2 months notice.
Pre-October 2015 tenancies which are rolling tenancies the new rules do no apply