How much notice are tenants entitled to have to vacate?

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    How much notice are tenants entitled to have to vacate?

    How long is the period that tenants have before having to vacate once notice is served?
    I know during the height of pandemic it was 6 months (I believe) but what has it reverted to now please?

    #2
    What notice? S21, S8 - and if s8 which grounds please? There are different answers.

    But neither notice means they have to leave. Such notices do not end tenancy nor compel tenant to leave. Need a court and bailiffs for that, several more months.
    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
      Originally posted by Kryten View Post
      How long is the period that tenants have before having to vacate once notice is served?
      That depends on how long it takes to get a court date and how long it takes to get bailiffs to attend once a warrant of possession has been granted.

      Comment


        #4
        If you don't want additional costs such as court fees, etc then you should aim to leave based on the date on the notice, if you continue to stay then you will get additional costs added, and ultimately a CCJ if you do not pay, and a bad credit rating which will hinder you with other LL's if you plan on renting privately.

        Comment


          #5
          In most cases the notice must be at least 4 months at the moment. Shorter notice periods are available for some fault based grounds.

          Comment


            #6
            It's back to 2 months' notice now:
            https://www.gov.uk/government/public...ds-and-tenants

            Comment


              #7
              Originally posted by kelbol View Post
              Are you sure?
              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
                It's all in the link, though the wording is ambiguous:
                From 1 August 2021, the notice period for cases where there are less than 4 months of unpaid rent, will further reduce to 2 months’ notice.

                Comment


                  #9
                  Originally posted by kelbol View Post
                  It's all in the link, though the wording is ambiguous:
                  From 1 August 2021, the notice period for cases where there are less than 4 months of unpaid rent, will further reduce to 2 months’ notice.
                  only where possession is sought on rent arrears grounds, which wasn't clear from your post.

                  Comment


                    #10
                    Originally posted by kelbol View Post
                    It's all in the link, though the wording is ambiguous:
                    From 1 August 2021, the notice period for cases where there are less than 4 months of unpaid rent, will further reduce to 2 months’ notice.
                    It was:

                    If possession is sought using Section 8 and there are > 4 months rent arrears at the time notice is to be served, 2 months notice is appropriate.

                    If possession is sought using Section 8 with <4 months arrears at the time notice is to be served or Section 21 is used, 4 months notice is appropriate.

                    Judging by that comment and link, I believe you're right. That would mean > 2 months arrears at the time notice is served would mean 2 months is appropriate.

                    Be forewarned that a Section 8 claim can be defeated even on the day of the hearing if the tenant stumps up the arrears, even minutes before you go into the hearing. In which case, it could be struck out. S21 is the safer process.

                    Comment


                      #11
                      It does indeed look like the notice period has been reduced back down to 2 months. It seemed like the government were shouting from the rooftops when they wanted to tell tenants that their landlord was required to give extra notice before starting eviction proceedings, but when it goes the other way, it's just slipped in, and even then there is contrary information on another government site that doesn't mention 1 August. https://www.gov.uk/evicting-tenants/...tion-8-notices

                      I am at the start of issuing proceedings, so that 2 months instead of 4 will be quite handy. Can someone however clarify however, the position of the first 4 months of a tenancy, during which a Section 21 cannot be used. I am reading it that if there was a tenancy in place before and a new tenancy replaces it, the 4 months refers back to the original tenancy. My tenant has been with me since 2004. In April this year we signed a new tenancy to coincide with an increase in rent and to bring it up to date. Sods law a few weeks later and she split with her partner and put a claim in for Universal Credit. I should at this point point out that the tenant is also my niece and whilst she had previously received housing benefit for a while, Universal Credit are using every excuse possible not to pay because we are related. With almost £4,500 of rent arrears, they are now forcing my hand.

                      Comment


                        #12
                        Another reason not to renew, rent increase instead by s13. And less admin, less opportunity to mess up paperwork.
                        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


                          #13
                          Originally posted by steve1505 View Post
                          Can someone however clarify however, the position of the first 4 months of a tenancy, during which a Section 21 cannot be used. I am reading it that if there was a tenancy in place before and a new tenancy replaces it, the 4 months refers back to the original tenancy.
                          The 4 month rule applies to s21 notices, not s8, but it applies from the very start of the lease, so, in this case, it doesn't sound like an issue.


                          Sods law a few weeks later and she split with her partner and put a claim in for Universal Credit. I should at this point point out that the tenant is also my niece and whilst she had previously received housing benefit for a while, Universal Credit are using every excuse possible not to pay because we are related. With almost £4,500 of rent arrears, they are now forcing my hand.
                          It would be more sensible for your niece to find somewhere else to live.
                          She and you wouldn't have the issue with the possibly "contrived" tenancy and you wouldn't have any arrears.

                          You serving notice is going to make it very difficult for her to get any rental accommodation in future and, if s8 is used, the council won't even provide emergency accomodation.

                          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


                            #14
                            Originally posted by jpkeates View Post
                            The 4 month rule applies to s21 notices, not s8, but it applies from the very start of the lease, so, in this case, it doesn't sound like an issue.
                            but (afaik) the S21 notice cannot expire before the end of the latest agreed term.

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