I need to get my tenants out..

[mamateur]

Their tenancy expires on November 3rd. They've been there three years and after the first year, when they signed an estate agent's contract, we've just signed the Rymans standard assured shorthold tenancy agreement for a furnished flat in the UK.

How much notice do I need to give them? I've read it through twice and can't find anything other than that they need to give me one month's notice.

Apparently I need to give them 2 months notice even though it is the natural expiry of their contract.

They have been very good tenants and I'll be doing everything I can to make it easy for them, but we've missed the two months deadline. We're reletting the flat we're in.

Hope someone can help!

You are obliged by law to give them two months notice - two full rental months, not just two calendar months.

As above, you must give two months notice, which if served during the fixed term has to expire on the last day of a rental period, ie the day before the rent is due to be paid.

If they choose not to leave you have to take possession action in the County Court, which even with accelerated possession could take three months, plus the time taken to get a bailiff's warrant if they still don't leave.

If you want them out sooner then I'd suggest asking them if they'd be prepared to give you notice in return for their last month rent free and their deposit back.

So for example, say they pay the rent on the 1st of every month.

The earliest date you can ask them to leave is now the 31st November - you cannot just give 2 months from today's date.

Hi Queen and Ems, I suppose I could offer them a deal to leave earlier. We are quite desperate, living in a 2-bed and have unexpectedly had to adopt a new child.

They've ruined the new sofa (cat has scratched it to pieces) and massively stained the carpet so I could offer to not charge them for that and use last month's rent as deposit.

They pay their rent on different days due to various changeovers in tenants, between the 2 and the 7th but the date on the contract is the 5th so that's the date it runs from surely?

They've been there 3 years and have been great, I'm certain they wouldn't try and stay after their notice period.

You can certainly ask them if they'd agree to go earlier but bear in mind they will need to arrange somewhere else to go to and two months is short enough notice for that as it is.

If they pay the rent on the 5th then legally you cannot request them to leave before the 4th December.

You should also issue a Section 21 notice.

Most letting agents do this as a belt and braces when they give formal notice on a tenancy. It is essential to do this first if you need to use the courts to evict them. Issuing it at the same tme as the notice minmises delays in obtaining an eviction order.

In Scotland if you do not give the correct notice the lease will renew for a period I am not sure if there is a similar provision in England

I think you can give them written notice that you will not be renewing their contract and that therefore you will serve them with the statutory 2m notice by giving them the Section 21 notice as mentioned above.

You can serve the notice any time, but the date of 2m needs to be full rental month.

I think I am correct to say that you have now missed the 2m date to coincide with the agreement running out. That should have been served on 3rd September.

So if you serve any time from now until 3rd October, the date you give to them to leave the property is now 3rd December.

The dates indeed to relate to the payment date.

Check out Shelter.com for advice or the Landlordzone.

The CAB are also fantastic.

Just re-read your OP, you are who I thought you were, your LL in Oz allowed you to sublet? great news!!

If the tenants are amenable to leaving in a month, to get around the notice thing, you can ask THEM to give notice between now and 3rd October, that can short cut the 2m period...