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We manage a property where a Section 21 Notice was issued at the beginning of the tenancy in May 2008. The Landlord is now selling the property and requires vacant possesion by 2nd September. We requested this from the tenants on 1st July, giving them 2months notice, which we said was out of courtesy as the Notice had already been served and the Notice period has expired, meaning that the Landlord could take back posession at any time. However, the tenants are have responded with the following:
"After the expiry of the initial lease, without a formal renewal, the continuing terms default to a statutory periodic lease with the same terms as the previous lease, on a rent period to rent period basis, in this case effectively a monthly roll. There is no discretion and no courtesy required, but a matter of law under the housing act. The initial notice served at the outset of the lease cannot serve the purpose you claim as the lease is effectively renewed by the establishment of the implied contract of the staturory periodic lease.
This means that as of the first day of every rental month, being the day after the rent due day, if notice has not been previously served, then the minimum notice period is two months to end on a rent due date. Given that the rent due date was 30 June 2011, and that the minimum notice period is two months, ending on the next rent due date, the effective minimum notice period for our lease ends on 30 September 2011, which would become the last day of the tenancy."
Please could you clarify whether our request for vacant possesion by 2nd September is valid under the original Section 21 issued in 2008? If we have to issue Notice to expire on a rent day, the landlord will lose the sale.
With thanks in advance
