spinal_tap
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Hi
You need to give them 35 days notice as they are there more than 6 months less than one year. -
Notice Periods for the Termination of a Tenancy by the Landlord
Subject to the terms of any letting agreement in place, the notice period to terminate a tenant’s tenancy is determined by the duration of the tenancy, as follows:
Notice Period Duration of Tenancy
28 days Less than 6 months
35 days 6 months or more but less than 1 year
42 days 1 year or more but less than 2 years
56 days 2 years or more but less than 3 years
84 days 3 years or more but less than 4 years
112 days 4 or more years
Where a tenancy has lasted more than 6 months and less than 4 years, the landlord must state in the termination notice the reason the tenancy is being terminated and the termination will not be valid unless that reason relates to one of the following:
- the tenant has failed to comply with the obligations of the tenancy
- the landlord intends to sell the dwelling within the next 3 months
- the dwelling is no longer suited to the needs of the occupying household
- the landlord requires the dwelling for own or family member occupation
- vacant possession is required for substantial refurbishment of the dwelling
- the landlord intends to change the use of the dwelling.
It's on prtb website under publications, hope that solves your problem.
Hi
You need to give them 35 days notice as they are there more than 6 months less than one year. -
Notice Periods for the Termination of a Tenancy by the Landlord
Subject to the terms of any letting agreement in place, the notice period to terminate a tenant’s tenancy is determined by the duration of the tenancy, as follows:
Notice Period Duration of Tenancy
28 days Less than 6 months
35 days 6 months or more but less than 1 year
Where a tenancy has lasted more than 6 months and less than 4 years, the landlord must state in the termination notice the reason the tenancy is being terminated and the termination will not be valid unless that reason relates to one of the following:
- the tenant has failed to comply with the obligations of the tenancy
- the landlord intends to sell the dwelling within the next 3 months
-
It's on prtb website under publications, hope that solves your problem.
I saw that on the site... but is that not just for a Part 4 tenancy, rather than a fixed-term tenancy????
There is no such thing as a fixed term tenancy any more, in the sense that you describe.
The tenant can give notice at any time for any reason, subject to the minimum notice period, which varies depending on how long they've been in occupancy.
The landlord can give notice at any time for any of the reasons listed in the earlier post and subject to the applicable notice period.
No matter what the lease says, neither landlord nor tenant can contract out of this.
It is important that the notice is in writing and contains all the legally required information, or it will be invalid. See the PRTB website for a template.
(By the way, you have registered the tenancy, haven't you?)
There is no such thing as a fixed term tenancy any more, in the sense that you describe.
The tenant can give notice at any time for any reason, subject to the minimum notice period, which varies depending on how long they've been in occupancy.
The landlord can give notice at any time for any of the reasons listed in the earlier post and subject to the applicable notice period.
No matter what the lease says, neither landlord nor tenant can contract out of this.
I'd be very careful about accepting this interpretation. I looked into this a while ago and it is far from clear cut. It is up to the tennants to apply for Part IV protection under the tennancy act after 6 months tennancy and at least 1 month before the original lease expires. If the tennant hasn't done this, you may find that the terms of the lease are binding and not the tennancy legislation.
In otherwords the lease says thay can/must stay for 12 months. You can not use the provision of the tennancy act that entitles you to end the lease because you want to sell, as the tennant has not yet opted for protection under the said act.
This is only my interpretation on it and may also be wrong. Best to contact the PRTB and ask them directly as a previous poster suggested.
Thanks
Now, if served on July 3, does 35 days expire on August 7 or August 8 if you have all of 24 hours to vacate???
This is the gospel...you can serve them 35 days written notice as you intend to sell. Its black & whiteHi
You need to give them 35 days notice as they are there more than 6 months less than one year. -
Notice Periods for the Termination of a Tenancy by the Landlord
Subject to the terms of any letting agreement in place, the notice period to terminate a tenant’s tenancy is determined by the duration of the tenancy, as follows:
Notice Period Duration of Tenancy
28 days Less than 6 months
35 days 6 months or more but less than 1 year
42 days 1 year or more but less than 2 years
56 days 2 years or more but less than 3 years
84 days 3 years or more but less than 4 years
112 days 4 or more years
Where a tenancy has lasted more than 6 months and less than 4 years, the landlord must state in the termination notice the reason the tenancy is being terminated and the termination will not be valid unless that reason relates to one of the following:
- the tenant has failed to comply with the obligations of the tenancy
- the landlord intends to sell the dwelling within the next 3 months
- the dwelling is no longer suited to the needs of the occupying household
- the landlord requires the dwelling for own or family member occupation
- vacant possession is required for substantial refurbishment of the dwelling
- the landlord intends to change the use of the dwelling.
It's on prtb website under publications, hope that solves your problem.
I certainly wouldn't recommend being heavy handed on this - I'd discuss it with the tenant, and try to provide at least six, preferably eight, weeks' notice.
Presumably with NTL and the bins, its up to them to cancel, and I just make a follow-up call to ensure they've been cancelled (all that stuff is in the tenant's name)??
Thanks again
No. The tenants have this agreement with NTL, not the landlord. It is their contract and it is between NTL and themselves to resolve it.they will have a 12 month contract with NTL that they can't break.... so I presume you will have to pay that out for the year once you kick them out...
the landlord can break the lease if they want to sell, its as simple as that. Lodging a complaint will get them nowhere. The landlord is well within their rights to break the lease. If I was the landlord however I would call around and explain to them first before giving the noticeif the tenants dig in and lodge a complaint with the PRTB, the process of getting them out could take more than two years. See the IPOA website for a real horror story along these lines . . .
the landlord can break the lease if they want to sell, its as simple as that. Lodging a complaint will get them nowhere. The landlord is well within their rights to break the lease. If I was the landlord however I would call around and explain to them first before giving the notice
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