Gould & Swayne Solicitors of Street, Glastonbury and Highbridge, Somerset, UK
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Residential Landlords, don’t get caught out when giving notice to end a tenancy!
Most residential landlords are familiar with the term “Assured Shorthold Tenancy” (“AST”). An AST provides a minimum letting period for the tenant with the ability for the landlord to recover possession of the property after that period ends provided that certain procedures are followed, amongst which is the requirement of a minimum two months’ notice being given to the tenant.
Giving the correct notice is fairly straightforward where the notice is served during the contractual period of the AST. However if the AST has expired and the tenant has not left the property, they usually become a statutory periodic tenant, for which the notice requirements are different.
If the tenant fails to vacate the property on or after expiry of the Notice, the landlord cannot evict the tenant without a Court Order. Failure to serve the correct Notice at the correct time could lead to an application to the Court being dismissed, leaving the landlord to start the process all over again.
Different rules apply if the tenancy is not an AST.
If you are a landlord of residential premises and wish to know more about what you could and what you should be doing, please contact one of our Landlord & Tenant specialists for further advice.
Legal advice may vary according to the circumstances of each particular case. Please contact us for advice.