Rental Agreements and notice periods

[Flowertop]

Hi, I have (stupidly I know!) just checked my tenants contract and it states that i need to give 2 months notice before their agrdeement ends to take posession of my property. The tenancy ends on 20th December so I should have written to them 20th October but didn't. I am thinking of sending them a letter today giving them 2 months notice so that they move out on 11th Jan. I need to know what the implications of not giving them the 2 months notice are. Can they now stay as long as they like. Sorry lot going on and it just passed me by. Your help will be most appreciated.

It will roll on month by month after the initial 6 months with the 2 months notice requirement remaining.
If you do not give them the notice to quit then you will not be able to apply to the court for a possession order and if you then attempt to illegally evict them, the police and/or council can prosecute you for this or at the very least harassment.

I don't mean to be rude as you do sound very nice about it but I am a tenant and it is very frustrating when landlords don't know these basic requirements before entering into a contract, so please do look them up - Landlord Zone may be a good place to begin :)

No you don't sound rude and know that I have acted really stupidly about this there is no excuse and think my tenants will be laughing as I needed the house back but that's totally me taking my eye off the ball! So when can I give them the 2 months notice to quite, do I have to wait until the final day of their tenancy i.e. the 20th December. Thanks so much FEV I do appreciate your help.

The LandlordZone site I linked to advises that you can give them it any time you like but the notice itself should take effect after the fixed term has ended (20th December), so upon the first day of the periodic tenancy (21st December) for two months (until the 20th of February).

Hi there, just wanted to share my story with you..I am a landlord. I say landlord - we simply couldn't sell our old house when we wanted to move and so decided to rent it out. I took pity on a woman with 3 kids on HB. When she moved in I left flowers, champagne and a moving in card. Fast forward to the present....she did a bunk at the beginning of October leaving the house in a complete state of disrepair. I have just been quoted £18,900 to just make it habitable again. You name it - she did it... there is not one window unsmashed, brand new kitchen trashed, removed bathroom, scribbled all over walls, demolished porch, smashed fireplace etc etc...I contacted the police - they will not do anything, seen a solicitor but apparently because she is on benefits there is no way she will be able to pay for damage... oh and did I mention that she was over £1000 in arrears with the rent.
I am now in a position where I risk losing my own home. I have had to remortgage to pay for the damage. I work 40 hours per week and have three children. That house was our pension and their future. I now am working full time, and myself or my husband are driving the 25 miles to the house every night to work on it, painting etc. My life has been completely ruined by this woman and I feel such a massive sense of injustice. I do not sleep anymore and am constantly worrying about money.. I did originally ask my tenant to move out at the beginning of April, in writing. She flatly refused to leave. I then had to get a section 21 Eviction notice. This takes approx 2 months to put in place and you have to be SO careful about the eviction date you specify. In addition, I was advised by my solicitor that when the case did go before a court, because my tenant had children, the judge was likely to give her up to ANOTHER 6 months to leave...!! It never actually got this far as she left on her own......You have been warned..please be sooo careful..(sad)

That has nothing to do with the OP. If you want to share your story, please make a new thread in the main Property/DIY topic.

I will also be happy to share my story there as a tenant with a child on housing benefit. I did not get moving in presents from my landlord, but nevertheless have always maintained the property to a good standard and have been swift to inform of any major problems outside my remit.
Furthermore, I have experienced a landlord making a mistake by forgetting to serve notice and then trying to illegally evict my family anyway. The judge did not grant automatic possession and rightly so. I am trying to pass on my experience in advising the OP how to remain inside the law.

You have been obviously been unlucky for which I am sympathetic but as I have the respect not to tar all landlords with the same brush, please have the respect not to do the same for tenants.

Thank you :)

Olivia7777 that is horrible what you went through, but unfortunately, it is your own fault. I am sorry this sounds harsh but, as magichomes said, amateur landlords are a nightmare.

Were you with a reputable agent? Tenants need to be referenced in order to avoid things such as this happening. You also should have taken out rent and legal insurance which would have at least covered you for the unpaid rent and all legal costs.

It is a learning curve and unfortunately a very steep one in your case.