Notice Period to Tenants

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    Notice Period to Tenants

    Hi all,
    I rent out my flat using an estate agents let & collect service. It is rented out using an assured shorthold tenancy agreement of 12 months (no break clause). The 12 months ends in August this year. I have just been told by the estate agents that "due to Covid the law has changed with regards to landlords notice periods. 6 months’ notice must now be served, whereas only 2 months’ requires before."
    Please could someone tell me if this is correct? I have to give the tenants 6 months notice?
    Thanks very much,
    Anna

    #2
    6 months min if s21, s8 varies depending on grounds. How many month's rent owing please, any other grounds?
    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
      Yes. To evict a tenant with a assured shorthold tenancy, a section 8 or section 21 notice must be served by the landlord to the tenant. The tenancy does not end on its expiry. If tenant does not leave either with or without the landlord's agreement, then landlord would be required to go to court for a possession order and then have it executed by bailiffs or HCEOs.

      The minimum length of a section 21 notice is normally two months, but this was increased to six months in response to COVID-19. The increase ends at the end of this month, meaning if it's not extended it'll be quicker for you to wait till next month to serve notice. However, no one here can say for certain whether the increase would be extended or not.
      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


        #4
        Originally posted by KTC View Post
        The increase ends at the end of this month, meaning if it's not extended it'll be quicker for you to wait till next month to serve notice. However, no one here can say for certain whether the increase would be extended or not.
        If i were a betting man..............if this ended on the day it should..... there would be carnage and all the left wing would be up in arms and the name of the ' Landlord ' would be even lower than it is now, i can see it being extended again.

        Comment


          #5
          Thank you very much. I didn't realise that a section 21 had to be served, this is my first time renting out my flat. I thought that once the 12 month period ended that we either renew or the agreement just ends.
          I may want to sell the flat in Spring next year so I had queried with the estate agents if when August arrives that rather than signing for another 12 months that we switch to periodic rolling month by month. Really helpful to know this so I can get a plan in place. The tenants have been great, no issues at all.

          Comment


            #6
            The best thing to do is to talk to the tenants and let them know about the possibility of selling the property.
            That gives them plenty of time to plan their move and find somewhere else to live.

            If you go straight to a formal notice it can do a lot of damage to the relationship.
            You're months ahead of needing them to move out, and there's no point causing you all stress and pressure for no reason.

            And in the meantime make sure that you're in a position to serve notice if you have to.
            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


              #7
              Yes I really do not want to serve anything formal. I will let them know in a few months that I am considering selling the flat in approx May next year. If I can then switch to periodic month by month from August this year then hopefully that means I can avoid any long notice period. But I won't bring forward the rough timeline of May to put the property up for sale.
              Thank you so much for your help.

              Comment


                #8
                Originally posted by annam222 View Post
                I didn't realise that a section 21 had to be served, this is my first time renting out my flat. I thought that once the 12 month period ended that we either renew or the agreement just ends.
                It does just end, but a periodic tenancy arises to take its place. I would recommend joining NRLA. Even with an agent its important to know at least the basics.

                Comment


                  #9
                  Ah oh I see, well that is perfect if periodic just takes it place. I was not given that as an option by the estate agent when I renewed to another 12 month agreement in August 2020. I shall join NRLA, I know so little and really depend on the agent guiding me- but I know they won't necessarily always tell me to what what is best for me as the landlord.

                  Comment


                    #10
                    The back log is currently at least 18 months

                    Comment


                      #11
                      An agent or landlord cannot, may not, legally impossible to to prevent a periodic happening. Agent does what you say, not other way around.
                      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


                        #12
                        Originally posted by Bixwier View Post
                        The back log is currently at least 18 months
                        Worse than i thought

                        Comment


                          #13
                          Courts seem to be throwing out cases on any little excuse to lessen the backlog but all these cases just rejoin down the line

                          kicking the can but it will need to be kicked again

                          Comment


                            #14
                            What’s the latest?

                            Comment


                              #15
                              Hudson01

                              .... there would be carnage and all the left wing would be up in arms and the name of the ' Landlord ' would be even lower than it is now, i can see it being extended again"

                              I agree. But when there would not be a carnage ? It looks like it will be extended forever.

                              Comment

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