Landlord Wants Tenant to Leave
Related Article
The Corresponding Date Rule
This rule has been well established since the 1800s. The corresponding date rule determines how long a calendar month is when serving notices. The main question is, if a 2-month notice is served on the last day of November (30th) to expire in January, should it expire on the last day of January, or should it expire one day earlier on 30 January? There are also similar problems when a notice is served or expires on the last day of February. The corresponding date rule was explained by the House of Lords in Dodds v Walker (1981) 42 P. & C.R. 131. Although this case relates to a notice served under section 29(3) Landlord and Tenant Act 1954 by the tenant of business premises requesting a new lease, the principles of the corresponding date rule apply to all notices served, including possession notices. In this case, the landlord served on the tenant a notice terminating the tenancy dated 29 September 1978 and served on 30 September 1978. The tenant had under section 29(3) "… not less than two nor more than four months after the giving of the landlord's notice …." to apply for a new lease. ...
What is a Break Clause?
Sometimes a fixed-term tenancy agreement can contain a break clause which brings the fixed term to an end early.
Trespasser Possession Procedure
Trespasser possession procedure with sample completed court forms
Trespasser or Tenant?
a possession claim against trespassers means a claim for the recovery of land which the claimant alleges is occupied only by a person or persons who entered or remained on the land without the consent of a person entitled to possession
Tenant Fails to Leave After Giving VALID Notice and Double Rent
If a tenant gives you a notice to quit, they should leave on the date they have specified in the notice. If they fail to leave on that date without your permission, then it is possible to charge them double the rent
No Rent Statement Attached to Section 8 Notice
When serving a section 8 notice, it's essential to attach a rent statement, but, it was held not to be fatal to a possession claim in Marath v MacGillivray (1996) 28 H.L.R. 484
No Gas Safety Record Before Occupation and Section 21
To serve a section 21 notice, specific "prescribed requirements" must have been complied with first. One of those is under gas safety rules:
Renters' Reform Bill - White Paper
This article looks at the recently announced white paper for the Renters' Reform Bill, which includes the proposal to abolish section 21 notices.
Related Forms
Section 8 Notice
Under section 8 of the Housing Act 1988, a landlord can rely on specific grounds in Schedule 2 Housing Act 1988. Commonly, grounds 8, 10 and 11 are relied upon due to rent arrears.
Agreement to Return Deposit with Deductions
where a deposit hasn’t been protected within 30 days, to serve a section 21 notice then, the deposit must be returned in full or with agreed deductions.
Mesne Profits - Damages for Use and Occupation Letter
This Word template is to notify the occupiers that payments received will be accepted as mesne profits and not as "rent".
Remind Notice Expires Soon Arrange Keys
This letter for landlords or agents reminds the tenant that a notice was served recently and that the date for expiry is approaching.
Notice To Quit Car Parking Space
This notice is to be used when wishing to end our car parking license agreement. Instructions on completing the form (which is very simple) are included. The form is in PDF format and can be completed on screen before printing.
Form 6A - Section 21 Notice - England Only
If a landlord wants their property back, a notice seeking possession under section 21 Housing Act 1988 must first be served (unless grounds are available for a section 8 notice).
Related Services
Solicitor – Legal Advice for Landlords
Navigate the ever-changing landlord and tenant laws with our expert advice. We offer a free 10-minute consultation to help you avoid costly mistakes.
Possession Notice Wizard
Use the wizard on the left/above to determine which possession notice best suits your needs for the beginning of an eviction.