Tenant vacation timeline - how much notice is now required due to coronavirus?

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    Tenant vacation timeline - how much notice is now required due to coronavirus?

    Hi

    We have a property with tenants residing under an AST that started in 2018 with the fixed term expiring in 2019. It has been a rolling statutory periodic tenancy ever since the expiry in 2019.
    The property was marketed for sale in the spring of 2019, way before the global pandemic and has now been sold.
    How much legal notice do we need to give the tenants to vacate? Is it now 6 months so basically they will have until 31st March 2021? or is this rule just for fixed term tenancies?
    Many thanks,

    #2
    Originally posted by ghk2010 View Post
    Hi

    We have a property with tenants residing under an AST that started in 2018 with the fixed term expiring in 2019. It has been a rolling statutory periodic tenancy ever since the expiry in 2019.
    The property was marketed for sale in the spring of 2019, way before the global pandemic and has now been sold.
    How much legal notice do we need to give the tenants to vacate? Is it now 6 months so basically they will have until 31st March 2021? or is this rule just for fixed term tenancies?
    Many thanks,
    Currently it's 6 months, plus they don't need to leave until a posession order is granted by the courts, so depending on backlog of cases it could be longer (although the tenants would then be liable for costs)

    Comment


      #3
      Thanks for the response so even though the fixed term tenancy has ended, they have protection to remain until 31st March 2021?

      The reason for asking is because the following website:

      https://www.gov.uk/tenancy-agreement...ding-a-tenancy

      Suggests the following: How much notice you need to give

      You must give your tenants written notice that you want the property back (‘notice to quit’) and the date they must leave. The notice period you give them must be at least:
      • 2 months if you gave notice before 26 March 2020
      • 3 months if you gave notice on or after 26 March 2020

      This change is because of coronavirus (COVID-19).

      Therefore, they were aware of the sale back in spring 2019 as we gave them notice so we need to give 2 months notice for them to vacate as it was before 26th March 2020?

      Comment


        #4
        Originally posted by ghk2010 View Post
        Therefore, they were aware of the sale back in spring 2019 as we gave them notice so we need to give 2 months notice for them to vacate as it was before 26th March 2020?
        When did you give them a S21 notice?

        Comment


          #5
          If the property has been sold, the purchaser is now the landlord and the seller has no involvement.

          If it hasn't actually been sold, and sale has been agreed with vacant possession, life is about to get a bit complicated.
          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
            Originally posted by ghk2010 View Post
            The reason for asking is because the following website:

            https://www.gov.uk/tenancy-agreement...ding-a-tenancy
            That's out of date
            https://assets.publishing.service.go...ust_update.pdf

            We have extended the provisions of the Coronavirus Act 2020, which means that from 29 August 2020, landlords will now be required to provide their tenants with six months’ notice apart from in the most serious cases.
            Originally posted by ghk2010 View Post
            Therefore, they were aware of the sale back in spring 2019 as we gave them notice so we need to give 2 months notice for them to vacate as it was before 26th March 2020?
            I'm not sure what 'notice' you think that you gave them - but you need to give a specific form of Section 21 notice.
            If you haven't complied with other bits of legislation (deposit protections, gas certificates etc.) then you may not even be able to give 6 months notice.


            Comment


              #7
              Thanks for all the responses.

              The property has been sold and with vacant possession - new buyer wants to occupy themselves and does not want to be a landlord.

              No s21 notice has been served - does this need to be as the tenancy is no longer fixed, expired in 2019 and has been a statutory rolling periodic tenancy since then?

              Comment


                #8
                Purchaser therefore has a case - ££££ks... - against vendor. Oh dear, could be very expensive.

                Try offering inoccent tenant £ks to go. Were I tenant I'd want at least £10k given the messy circumstances
                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
                  There is no case against the vendor as no exchange of contracts has yet taken place.

                  Why would you want £ks and why is the tenant "innocent"?

                  They knew of the sale well over a year ago, have been consistently updated on progress ever since the property was sold.

                  Yes Covid-19 has introduced some complications but there are plenty of similar properties available for rent at a similar price.

                  Comment


                    #10
                    Originally posted by ghk2010 View Post
                    TNo s21 notice has been served - does this need to be as the tenancy is no longer fixed, expired in 2019 and has been a statutory rolling periodic tenancy since then?
                    Basically yes, you need to serve notice of some kind or entice the tenant to move out somehow.
                    S21 notice is currently six months, and, unless the tenant agrees to comply, will probably take a further 4-6 months to enforce through the courts (assuming your s21 notice is valid, which is surprisingly tricky to get right).

                    If your tenant is expecting to move, you don't need to serve notice, just to talk to the tenant and accept their notice when they've found somewhere new.
                    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


                      #11
                      Originally posted by ghk2010 View Post
                      No s21 notice has been served - does this need to be as the tenancy is no longer fixed, expired in 2019 and has been a statutory rolling periodic tenancy since then?
                      Yes, of course - you obviously don't know much about being a landlord. Again, if you haven't got the other paperwork in order, any S21 notice may be invalid anyway.

                      It's expensive, and a big pain, to move home, particularly in a hurry, so why should the tenant help you out without some incentive? They are doing nothing wrong by staying until the proper procedures are followed.

                      Comment


                        #12
                        Originally posted by ghk2010 View Post
                        There is no case against the vendor as no exchange of contracts has yet taken place.
                        So it hasn't been sold.

                        Comment


                          #13
                          Originally posted by ghk2010 View Post
                          Thanks for all the responses.

                          The property has been sold and with vacant possession - new buyer wants to occupy themselves and does not want to be a landlord.

                          No s21 notice has been served - does this need to be as the tenancy is no longer fixed, expired in 2019 and has been a statutory rolling periodic tenancy since then?
                          If contracts have not been exchanged, it has NOT been sold . . .

                          Comment


                            #14
                            The property has been "sold subject to contract".

                            No contracts not yet exchanged as the buyers want vacant possession but the property has a tenant in.

                            Is there anything preventing rent increases at the moment? Perhaps this might force the tenants hand....

                            Comment


                              #15
                              Why didn't you give your tenant a S21 in Spring 2019, if you were trying to sell with vacant possession?

                              Comment

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