New 3 month rule...

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    New 3 month rule...

    From today (26 March 2020) landlords will have to give all renters 3 months’ notice if they intend to seek possession (i.e. serve notice that they want to end the tenancy) –

    My tenant had already given notice before 26th March that he wasn’t renewing his tenancy. If he can’t move because of the lockdown and the tenancy presumably continues, will I then have to give him 3 months notice?

    #2
    You don't ever HAVE to give him any notice. But in your shoes I'd serve s21. Courts won't be catching up with the backlog very quickly. If only because so many judges are not young.
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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      #3
      I served S21 several months ago. So if he doesn’t move out at the end of the tenancy, because he’s not allowed to, what can I do?

      Comment


        #4
        Section 21 notices only have a six months life including the notice period itself (generally speaking). If it's been longer than that since you gave the notice, it's not valid anymore in any event.

        People are recommended against moving houses at this time, it's not legally prohibited.

        If the tenant have a fixed term assured shorthold tenancy and continues to live at the property after the fixed term ends, a periodic tenancy arise as a matter of law. Nothing have changed here. As has always been the case, if you wish to evict a tenant, you have to give valid notice, apply for an order for possession in the courts, and then have that order executed by a bailiff or HCEO.

        All possession proceedings in England and Wales have been stayed for 3 months starting 27 March. You can serve notice, you can file the claim for possession, the case will then be put on hold until all this is over.
        I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

        I do not answer questions through private messages which should be posted publicly on the forum.

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          #5
          So technically I could serve an S21 mid April giving 3 months notice for mid July even though AST ends mid May and tenancy would be periodic for 2 months?

          Comment


            #6
            A periodic tenancy will only arise if the tenant stays beyond the end of the fixed term. Without a time machine, you don't know if that'll happen yet.

            A s21 notice does not end a tenancy, it merely allows the landlord to go to court for an order for possession. The tenancy will end earlier if you and the tenant agrees, the tenant leave serve valid notice during the periodic tenancy, or you go to court for the possession order and then have that order executed by a bailliff or HCEO.
            I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

            I do not answer questions through private messages which should be posted publicly on the forum.

            Comment


              #7
              Originally posted by Piptrees View Post
              So technically I could serve an S21 mid April giving 3 months notice for mid July even though AST ends mid May and tenancy would be periodic for 2 months?
              Yes, although the Secretary of State did hint that this may be extended to 6 months.

              Comment


                #8
                Scotland it's now 6 months... And anyway there's no s21 equivalent for tenancies for last couple of years.
                I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                Comment


                  #9
                  6 months for AST or periodic, or both??

                  Comment


                    #10
                    If it happened it would be that any notice under s8 or s21 issued to an AST tenant would need to be read as though the period of notice was 6 months. If the same pattern is followed then the courts may also be told not to progress a notice for 6 months.

                    Comment


                      #11
                      There is no restriction in the coronavirus act on moving house.

                      Comment


                        #12
                        Was T's NTQ valid?

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                          #13
                          As far as I know yes. It was in writing and specified the date he intended to leave.

                          Comment


                            #14
                            Originally posted by Piptrees View Post
                            that he wasn’t renewing his tenancy.
                            Originally posted by Piptrees View Post
                            As far as I know yes.
                            Break notice aside, a tenant cannot give a valid notice to quit during a fixed term tenancy.
                            I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                            I do not answer questions through private messages which should be posted publicly on the forum.

                            Comment


                              #15
                              Originally posted by KTC View Post



                              Break notice aside, a tenant cannot give a valid notice to quit during a fixed term tenancy.
                              Sorry if I’m not being clear.
                              What I was saying was that the tenancy ends in May and the tenant had put in writing to me that he was moving out on the last day.

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