Notice from a landlord

QQQ

My friend is currently renting but at the same time buying a property.
His landlord given him a notice (tenancy was periodic and landlord plans to live in the property himself) but purchase goes slower than my friend expected so he needs to rent for one more month (or two in worst case). The minimal rent term is 6 months, so he cannot rent another property let alone the hassle of search, relocation and risks of deposit problems. What will happen if he will not vacate the property at given day, but would keep paying the rent?

Grimbal

or, instead of not vacating, your friend could think about short term lets or holiday rentals?

Counting_Pennies_2

Most towns have short term lets available.

First I would suggest getting a date from the people he is buying from and get to exchange so you have a guaranteed date.

Then approach the landlord, but I would say if he needs to move in you need to think about somewhere on a short term let.

Most places do serviced apartments on a weekly let. I did a search recently for myself, and loads came up. Try Googling short term let and your town name and see what comes up.

may_fair

QQQ wrote: »

My friend is currently renting but at the same time buying a property.
His landlord given him a notice (tenancy was periodic and landlord plans to live in the property himself) but purchase goes slower than my friend expected so he needs to rent for one more month (or two in worst case). The minimal rent term is 6 months, so he cannot rent another property let alone the hassle of search, relocation and risks of deposit problems. What will happen if he will not vacate the property at given day, but would keep paying the rent?

The short answer is that, assuming this is a periodic assured shorthold tenancy in England/Wales, the tenancy will continue.

The LL's s.21 notice does not oblige your friend to vacate at notice expiry. It is not a notice to quit, and does not end the tenancy; it merely entitles LL to apply for possession after the notice expires.

Therefore, if your friend doesn't wish to leave at notice expiry, the worst that could happen is that the LL will apply to the court for possession, which'd take a few weeks, (and after that he'd have to wait for a bailiff to enforce the possession order) - it's not a speedy process.

In any case, strictly speaking your friend should serve Notice to Quit to the LL if he wants to end the tenancy (i.e. even if he wanted to leave at expiry of LL's notice, since LL's notice doesn't end the tenancy). Also, if he serves NTQ then it's less likely the LL would apply for possession (i.e. if he knew exactly when your friend intended to vacate).

Best thing is for your friend to approach the LL and try to negotiate an amicable agreement. If the LL is aware of T's rights, he'll already know your friend doesn't have to vacate at the end of LL's s.21 notice, and that the tenancy will continue until either: 1. LL obtains/enforces a possession order, or 2. until the expiry of T's own NTQ, or 3. by a mutually agreed surrender.