Notice to quit - advice please

[Jux]

I posted a couple of weeks ago about our tenant who owes us tons. DH had sent him a letter requesting half the arrears by today and the other half by 17th Jan. So far today, no money.

We have to serve a notice to quit. I have a form from a lawpack. What I am unsure of is what date his tenancy can end on. We have to give two months ending on a rental period.

When he first moved in we agreed (verbally) on an inclusive rent to be payable in advance on 1st of each month. However, the Council (he is reliant on benefits) only pay in arrears every 28 days, so this has been our enforced rental period. (They don't pay the inclusive bit at all and neither does he, which is why we need him to go.)

If I calculate two full rental periods from now, the date at the end is 23rd Feb, if I go by the Council rental period. If I go by the periods we initially set then it is 29th Feb. Not much difference, but we need to get it right.

All the rental accounts I have sent him this year go by the Council periods, if that makes a difference.

Which date should I use?

Thank you.

you can use a formula which says:

"possession of the property is required at the end of the period of your tenancy which will end next after the expiration of two months from the service upon you of this notice"

then do NOT add any date of your own.

then wait until after 29th feb to be on the safe side.

Are you sure you need it to end on a date? During the 'fixed term' of a tenancy -eg if it is granted for 6 months, during that 6 months, the notice does not need to end on any particular date provided it is 2 months long.

Thank you. We will do that and put the date as 28th Feb 09 just so we know what's happening!

He was never on a fixed term, it's always been periodic - month to month - but we did say that if my mum needed to move down there we would give him 3m notice. However, mum's still fine with the stairs, so we figured we wouldn't have to give anything but the minimum of 2 rental periods (months or 28day periods). I'm pretty sure from everything I've googled that it has to end on the last day of a rental period so that the tenancy ends on the day before the next rent is due (either 24th Feb if we use Council rental period of 28 days) or 1st March if we go by our initial agreement of calendar month. Then we are supposed to have an empty flat on the rent collection day.

We are hoping he'll do a moonlight flit and just be gone. We have no expectation of getting the money, and there's no way he'll leave a forwarding address. He'll owe us over £1200 by then.

jux, don't write 28 feb on the notice - if it is the wrong date the notice is invalid. From what you said it could be argued either way - your agreement makes 29th Feb the last day of a tenancy period, but you have arguably varied the agreement by accepting rent on the other basis.

the reason for using the formula is so it can be worked out to either date.

and remember you have to ask for possession 'after' the last day (or 'at the end') of the last day. Not 'on' the last day - he is entitled to stay there right up to 11.59pm.

Thank you, noted and done. Let's see what happens.

I am a bit confused, there isn't a 29 Feb in 2009 anyway or are you meaning 29 Feb 2008 (i.e. last Feb). If you are talking about 2009 then it would definitely invalidate any notice.

Sorry I could be being really dim here.

scubagroover, you're absolutely right - I didn't check, just replied to Jux. In any event, the same still holds true for 28 Feb 2009 - that could be the last day of a period of the tenancy, but it is also possible that 23 Feb 2009 is the last day. The formula covers it either way.

I noticed that in time!!!