Landlord Served 1 month notice today HELP!

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    Landlord Served 1 month notice today HELP!

    Hello, we rented a property under an AST IN April 2019. Obv when renewal came, we were in full lockdown. The tenancy came to an end and it went into a period tenancy rolling
    out of the blue a few weeks ago my friend texted me to tell me the house we are renting is available for sale. Nobody had contacts. Us to let us know. The next day, the agent emailed to organise a viewing with a couple of hours notice . My daughter is vulnerable / shielding due to covid so no we did not want people in the property. Agent wanted to take photos but I politely explained daughters situation and said no. They wanted us to take photos. They already have the photos of when it was empty plus they had recently inspsvyef and taken photos then . Now they have emailed today to “serve notice” of 1 month. I’ve tried to find out the legal situation via google, I don’t think they can do this at the moment can they? I’d really appreciate any advice on how to respond. We don’t have anywhere else to go and it would be difficult to move with my daughter shielding. I’m pretty concerned as you can imagine! Hope someone on here may be able to point me in the right direction please . We are decent people, rent is always paid on time, we are kind and considerate. We would have appreciated it if agent or landlord had at least touched base before putting the property on rightmove, just out of courtesy !

    #2
    The minimum notice they must provide you given it's an AST is at least 3 months (back down to 2 months from 1 Oct) in writing. If you're in England, then the notice must be on Form 6A. There's a bunch of reasons why a landlord section 21 notice may not be valid, have a look at this for ideas.

    Your tenancy does not end on expiry of a valid notice. If you do not voluntarily leave, the landlord must go to court and apply for a court order that you give up possession, and then have that order executed by court bailiffs or enforcement officers. However if the landlord does go to court and get that order, you would probably be liable for the cost for said proceedings. The median average time from court claim to eviction in 2019 was 18.7 weeks. All possession claims have been suspended since 27 March due to Covid-19, continuing until 23 August, so there's probably a backlog of cases which would cause new cases to take longer.

    I would suggest trying to talk to the landlord or their agent to work out something mutually suitable.
    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


      #3
      The required Notice is still min 2 month, but currently no application can be heard by a Court until 1st Oct.
      T may leave on expiry of Notice, without fault.

      Comment


        #4
        I always understood that a Notice To Quit cannot be served by email. It has to be by ordinary post to prove that it was received.
        A few years ago solicitors on their websites had something like "We do not accept Notices by email"
        I would check up on the legality of what you have received And don't reply or acknowledge it until you find out.
        Perhaps you could telephone Citizens Advice or Shelter

        Comment


          #5
          Originally posted by mariner View Post
          The required Notice is still min 2 month, but currently no application can be heard by a Court until 1st Oct.
          T may leave on expiry of Notice, without fault.
          It's currently a minimum of 3 months.
          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
            And the 1 Oct date is when the temporary increase to 3 months per the Coronavirus Act 2020 no longer applies. The stay of proceedings under first Practice Direction 51Z and then CPR 55.29 ends on 23 August. The government have already communicated to press etc. that it does not intend to extend the stay again.
            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
              The main point is that the notice almost certainly isn't valid (for any number of reasons) and the OP should find somewhere else to live at their own pace, not rush to meet the short deadline.
              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 Always Problems View Post
                I always understood that a Notice To Quit cannot be served by email. It has to be by ordinary post to prove that it was received.
                A few years ago solicitors on their websites had something like "We do not accept Notices by email"
                A notice to quit have to be in writing (Protection from Eviction Act 1977 s5). Email is in writing. The tenancy agreement can specify how notices under that contract may be served, but absent that and any statutory intervention, the party serving the notice can choose how they want to serve it.

                A section 21 notice isn't a notice to quit in any event.

                When things become actual court proceedings, there are things you have to serve the other side by certain deadlines. To be able to serve their lawyers rather than the actual party, they have to first indicate that the lawyer will accept it. And lawyers get to choose that it doesn't accept legal documents via email. All that got nothing to do with services of notice to quit by tenant to landlord, or actually we were talking about service of s21 from landlord to tenant.
                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

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