Notice to leave Home, is a reason required?

[Douglas J 10]

So you feel its right to make the landlord have to go through the courts after serving the correct paperwork?

 

Think how it would feel if the boot was on the other foot, your a landlord, your son/daughter has just been made redundent, lost their house and are homless on the streets, you have a house you could let them have, but the current tennent wont leave even though you have given the correct notice.

 

Who decides whether the paperwork is "correct" or not? Of course it's right for the landlord to have to enforce it through the court: it's someone's home you're talking about here.

[Bonjon 10]

Who decides whether the paperwork is "correct" or not? Of course it's right for the landlord to have to enforce it through the court: it's someone's home you're talking about here.

 

I just feel its immoral to for a landlord to have to fight through the courts to gain his property back, he has given correct notice and is not just trying to kick the OP out, yes its someone's home, but its also someone's house.

[Douglas J 10]

I just feel its immoral to for a landlord to have to fight through the courts to gain his property back, he has given correct notice and is not just trying to kick the OP out, yes its someone's home, but its also someone's house.

 

Yes, it's the old tension between property rights and human needs. the interests of those who own property would prefer that wealth takes priority. Others believe in human rights.

[Bonjon 10]

Yes, it's the old tension between property rights and human needs. the interests of those who own property would prefer that wealth takes priority. Others believe in human rights.

 

But as the OP said the landlord needs the property for his own family, maybe the landlord is thinking human rights over wealth??

[Douglas J 10]

But as the OP said the landlord needs the property for his own family, maybe the landlord is thinking human rights over wealth??

 

It's often a question of timing. It may well be that the landlord would like to rent the house out to family - or friends - or anyone else who doesn't have a secure home. The landlord still doesn't need to prove a reason for ending the tenancy but it does have to be approved by the court. It's a question of impartiality - earlier, i asked who decides if the paperwork is "correct"? The human rights point is that there is a balance between a landlord's property rights (including whom he chooses to install as tenants) and the family's human rights to respect for their family life, which includes their home.

 

Going back to the example of the landlord's family - it's very rare they actually have family members homeless . in any case, the human rights of homeless people don't include the right to make other people lose their homes.

[HeadingNorth 11]

Yes, it's the old tension between property rights and human needs. the interests of those who own property would prefer that wealth takes priority. Others believe in human rights.

 

Apparently they don't believe in human rights, since they're happy to deprive a human being of property which is rightfully his.

[gnvqsos 10]

short term assured tenancy agreement can give 1 months notice to quit

 

one month for tenant,2 for the landlord

[purple 10]

I totally agree with rothschild.I have just moved out of the private rented sector after several years and it was horrendous.The property was not worth the rent, and I was forever having to watch the kids so they didn't accidently damage anything.I could not settle at all, it was never mine.

[Tuns 10]

short term assured tenancy agreement can give 1 months notice to quit

 

It depends if your initial fixed term contract period has ended or not.

 

Contractually you are liable for the rent for the initial fixed term (with a few exceptions in special circumstances) which is usually 6 or 12 months.

 

So for example you can't give one month's notice three months into a six month contract.

 

But you can give one month's notice after 7 months of a 6 month contract - provided the notice you give runs to a rent day - should be explained in your contract.

 

Cheers

[Jeffrey Shaw 93]

It depends if your initial fixed term contract period has ended or not.

 

Contractually you are liable for the rent for the initial fixed term (with a few exceptions in special circumstances) which is usually 6 or 12 months.

 

So for example you can't give one month's notice three months into a six month contract.

 

But you can give one month's notice after 7 months of a 6 month contract - provided the notice you give runs to a rent day - should be explained in your contract.

In fact, T can leave WITHOUT any Notice at all- but only if that's at the end (expiry) of the fixed term of a letting governed by the Housing Act 1988.

[Tuns 10]

In fact, T can leave WITHOUT any Notice at all- but only if that's at the end (expiry) of the fixed term of a letting governed by the Housing Act 1988.

 

Hi Jeffrey

 

My understanding is the tenant can leave without giving notice if they leave on the last day of the fixed term (something that surprises many landlords who think T must give notice).

But if the tenant is still in the property the next day then it automatically moves on to a periodic and the one month notice in line with usual requirements is needed.

In my experience many tenants and many landlords are not fully up to speed with notice requirements sometimes to their cost.

[Jeffrey Shaw 93]

Yes- once T overstays beyond fixed term expiry, a Statutory Periodic Tenancy arises.

This comes (effectively) in month-sized chunks, assuming that the fixed term's rent was monthly.

In that case, T can still give Notice To Quit- but, now, this has to run:

a. for at least one month from day of service; plus

b. up to & inc. an SPT month end.