I am in the process of serving notice on my tenants, they are in occupation 5 months, still within their first 6 months – probationary period. I have spoken informally to the tenants and they have asked that I give them 120 days notice as they should have a property lined up for then?
Can I do this?
The legal requirement for termination of a tenancy during the probationary period – in the first six months of the tenancy, changed from 28 days to 90 days.
However, you should note that the legislation does not allow for more than 90 days, it must be exactly 90 days.
Therefore, in your case you cannot give 120 days’ – you must also remember that you are required to serve your notice before the 6 months comes to an end and make sure that when you complete your notice to calculate the 90 days carefully.