rustyfiles Posted June 20, 2011 Report Share Posted June 20, 2011 Hi Been renting my house to friends for 11 years with no tenancy agreement .I moved back in with them about 9 months ago and now wish for them to leave ,they are still paying rent and i have never taken a deposit. Where do i stand ? and would like to khow how much notice i have to give? thanks creek Link to comment Share on other sites More sharing options...
Grampa Posted June 21, 2011 Report Share Posted June 21, 2011 Normally if the landlord is a live in landlord the tenants would be classed as lodgers with few rights. But previous to you moving in the tenants were likely to have an Assured Shorthold Tenancy, tenants with one of these have certain protected rights and I dont think you lose them just because the landlord moves back in. To be safe serve a section 21 notice and give 2 months notice. Link to comment Share on other sites More sharing options...
LLAW96 Posted June 22, 2011 Report Share Posted June 22, 2011 From what you have described you have granted a periodic assured shorthold tenancy, and you are currently loding with your tenants! As it is a statutory periodic tenancy it is not as simple as just giving two months notice. You will have to serve your notice under s.21(4)(a) Housing 1988, and as well as having to give two months notice the notice must expire on the last day of a period of the tenancy. This mean that you will more than likely have to give more than two months notice. It is extremely important that you get the notice right or your claim for possession might be struck out. You can buy/dowload the form from the web or any legal stationary office. Do not worry if you cannot identify the last date of the period of the tenancy as most up to date forms include a saving clause. If in doubt about completing the form seek advice. Link to comment Share on other sites More sharing options...
rustyfiles Posted June 28, 2011 Author Report Share Posted June 28, 2011 Normally if the landlord is a live in landlord the tenants would be classed as lodgers with few rights. But previous to you moving in the tenants were likely to have an Assured Shorthold Tenancy, tenants with one of these have certain protected rights and I dont think you lose them just because the landlord moves back in. To be safe serve a section 21 notice and give 2 months notice. Thanks for the advice Grampa .Lesson learn't shouldn't rent to friends ! Link to comment Share on other sites More sharing options...
rustyfiles Posted June 28, 2011 Author Report Share Posted June 28, 2011 From what you have described you have granted a periodic assured shorthold tenancy, and you are currently loding with your tenants! As it is a statutory periodic tenancy it is not as simple as just giving two months notice. You will have to serve your notice under s.21(4)(a) Housing 1988, and as well as having to give two months notice the notice must expire on the last day of a period of the tenancy. This mean that you will more than likely have to give more than two months notice. It is extremely important that you get the notice right or your claim for possession might be struck out. You can buy/dowload the form from the web or any legal stationary office. Do not worry if you cannot identify the last date of the period of the tenancy as most up to date forms include a saving clause. If in doubt about completing the form seek advice. Link to comment Share on other sites More sharing options...
rustyfiles Posted June 28, 2011 Author Report Share Posted June 28, 2011 Hi Law Thanks for your help won't be making that mistake again. regards creek Link to comment Share on other sites More sharing options...
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