1 month eviction notice?

edwardmluk

I'm with 2 other guys renting. The landlords are the homeowners and they put us on a 6 month contract which ends at the end of this month. 2 days ago they announced they want to move back in and thus our contract is finalised at the end of the month.

I keep reading that LLs have to give us 2 months notice of eviction, but does this apply if the contract naturally runs out in a month? I keep reading through our tenancy agreement and there's nothing obvious about their amount of notice they need to give to evict us, all there is covering contract ending is:

Termination by the Tenant
If the Tenant requires to terminate the agreement, the Tenant must give written notice to the Landlord and the period of notice shall not be less than the Tenant's Notice Period.

Thanks so much guys and gals in advance.

Edward

G_M

that LLs have to give us 2 months notice of eviction, but does this apply if the contract naturally runs out in a month?

Yes. Easy! They should have told you 2 months ago if they were not going to renew the tenancy.

Fire_Fox

Your AST does not terminate at the end of the month the fixed term may have ended but, without the landlord serving you with a two month S21 notice to quit, your contract will automatically become a periodic tenancy.

edwardmluk

So what's our next step then? Because finding a house in 26 days that meets our needs is turning out to be a bit (a LOT) of a hassle, especially as we're all working full time.

Soot2006

The decent route: You let them know their mistake. They serve you two months to coincide with the rental period, you move out in 2 (possibly almost 3, depending on dates) months. This should give you the time to source new accommodations.

The immoral route: You say nothing and feign surprise when they turn up at the end of the month. They serve correct notice but you laugh in their face, etc etc - Not Recommended!

edwardmluk

Well my housemate informed me they said we have at least until the middle of March if we need it. I mean this is still less than the two months. But the LLs aren't trying to screw us over. This is their house, they wanted to try somewhere new and it didn't work out, fair enough. It's not like they have tonnes of properties and are professional landlords.

Owain_Moneysaver

I am not a lawyer. I think for an assured shorthold tenancy (AST) there is a minimum notice period of 2 months from the landlord, and this has to be given on a rent day, so if your rent day is 1 Feb and the notice was given on 2 Feb, the notice period will run from 1 March.

Possession by the landlord for his own use is one of the grounds for repossesion, but I think only if it was stated in the notice accompanying the tenancy agreement and which had to be given to you before you signed the tenancy agreement.

Either way the landlord cannot take possession of the property without a court order. It is a criminal offence to harass a tenant.

I suggest contacting your local council homelessness unit now as they are usually very keen to ensure private tenants do not become homeless and thus the council's responsibility.

I would also suggest contacting Shelter's advice line or email them with the wording of your tenancy.

Cissi

Did they issue a Section 21 document at the start of the tenancy? As long as this isn't the case then I agree with Soot2006: let them know their mistake, then the earliest they can give you notice for is the end of April (assuming that your 6-month tenancy does run out at the end of February).

Fire_Fox

I would write to your landlord recorded delivery and (politely) remind them that you have not yet received your two months Section 21 notice to quit. State that you understand they are keen to move back into the property ASAP and offer to step up your search for alternative accommodation when you all have more time at the end of the month. Presumably your damage deposit is protected in one of the three schemes?

edwardmluk

Well we already have lost our deposit. They wanted to keep all the bills in their name whilst we live there, and have yet to charge us any. And now they want to move back in they've just said they'll keep our deposits and then charge us the extra unpaid bills. So completely lost all the deposit. Fun times.

Fire_Fox

Are you saying your deposit was or was not protected in one of the three schemes? If your landlord wanted to keep the bills in their name then they blatently didn't get consent to lease ... What does your AST say about who pays the bills? The landlord cannot just deviate from that at will! Did anyone take meter readings at the start of the tenancy? Bet they aren't intending to pay income tax either .... Do you have a gas safety certificate?