Covid 19 and end of assured short term tenancy

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    Covid 19 and end of assured short term tenancy

    Hi,

    A little advice if I may. I currently let a property in London on an AST. The AST comes to an end on June 30th and I'd like the tenants to vacate at that point. I've no complaints about the way they've conducted the tenancy but would like to move back to the UK this summer and need an empty house to move into. How does the current situation affect giving the notice and their rights? Thank you

    #2
    No chance.

    Tenancy does not end, will continue as periodic - was always the case, plus government saying people usually can't move. At no time could a landlord or agent prevent periodic tenancy happening if tenant remains. Feel free to serve s21 but it now cannot expire in less than 3 months and even then backlog in courts will delay and case for some time.

    Sorry!
    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


      #3
      I don't suppose you gave the tenant notice that you might use Ground one of section 8 of the housing act 1988 at some point?

      You can give notice now - the minimum length of which is three months, but currently all possession hearings are suspended (also for three months) and there's going to be a major backlog - even assuming the three month's isn't extended.

      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

      Comment


        #4
        Thank you guys. I'm afraid Ive not given s8 notice to them. So really I'm looking at either a difficult, lenghty (and costly) court case...or relying on their good will (and ability to move)

        Comment


          #5
          Many tenants will move when given notice, it's just a few that don't.
          The most practical route is to explain to your tenant that you need the property back in the summer, that you realise that this isn't the best news or the best time, but you're telling them as soon as you can, so they can make plans for when things are more normal.
          Be as flexible as possible - the minimum length of notice is currently three months, but if you can be flexible, it gives the tenant time to find a new place, get sorted out and move without rushing about,

          The biggest issue for your tenant is likely to be that you're asking them to get ready to leave at a point where they're probably not allowed out to view the very limited rental stock available.

          It's all about working together, rather than appearing immediately demanding by simply sending notice.
          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

          Comment


            #6
            Thank you. Thats really good advice. My own tenancy in Australia ends mid-August so I do have the potentially have the option to be flexible there ( I say potentially because the terms of my visa here mean I can only work for my sponsoring employer and the government has made it clear I can't claim any state aid during the current crisis so if I'm made redundant I lose that flexibility ) but I could always beg a spare bed for a bit

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              #7
              If I was your tenant, I'd want to know what was happening as soon as possible (well I probably wouldn't want to know this news at all, but beyond any shock...)
              And the next thing I'd want some reassurance of is that I wouldn't have to find somewhere to live and move in the current lockdown, because that would be next to impossible right now.

              The timing of this isn't the best!
              When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
              Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

              Comment


                #8
                Originally posted by theartfullodger View Post
                No chance.
                ...
                Sorry!
                You are assuming (here and on other threads) that the T will be obstructive.; as jpkeates has noted above, most are not

                You should state this to give the OP the full picture and not just the worst case scenario.

                Comment

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