What's the typical period notice you need to give an agency to finish your tenancy?

mickael28

grifferz wrote: »

Letting agents often like to keep offering 6 month fixed terms because a new agreement means another round of fees. The landlord may or may not appreciate the security of knowing the property is filled for 6 months. The contract is with the landlord so ultimately it is the landlord's choice whether to allow the tenancy to become periodic. The letting agents are just mediating.

If the landlord is truly only interested in 6 month fixed terms then yes that is perfectly legal. Even then, many landlords would be unwilling to lose a good tenant over it and may relent. There is obviously risk in trying to call their bluff like that.

There is some inconvenience in only being able to move at 6 month intervals, but on the other hand knowing your move date 6 months in advance is a lot less inconvenient than being surprised by a 2 month notice when on a monthly periodic tenancy!

And out of curiosity, is there any clause between the agents and Landlords by which they cannot cut them off at the end of the first Fixed contract? ie, I get agents deserve a fee for the original contract but getting to charge Landlord and Tenant on every renewal seems unfair.

Couldn't Landlords and tenants just handle future renewals themselves?

grifferz

mickael28 wrote: »

Couldn't Landlords and tenants just handle future renewals themselves?

I suppose that a landlord's contract with the letting agent could stipulate that their tenants will always be kept on 6 month fixed terms but it seems a bit unlikely..

franklee

What I do is when enquiring about a property I ask the agent what all the fees charged to a tenant are, I ask what their policy is for length of terms and periodic tenancy vs renewals, I ask if the property is intended for long term let etc. That way I can make a fair comparison between property1/agent1 and property2/agent2 etc. The agents fees averaged over a year can make 50pcm or more difference from agent to agent yet all too often the tenant just looks at the monthly rent.

When fully managed by an agent you really need to choose a decent one if at all possible as it saves a shed load of hassle and if that means skipping a few nice looking properties so be it. It's likely they won't co-operate in giving the landlord's details and often inexperienced landlords just do what their agent says so you cannot rely on common sense from the landlord overriding his agent. (Why would an experienced landlord choose a bad agent to manage his property).

mickael28

franklee wrote: »

Tenants, Do you think you'll be given two months notice? Well maybe it's already served! Often a section 21 notice requiring possession is served shortly after the tenancy starts. You may have the impression it doesn't matter - but it does, so check the paperwork for an S21.

Reading your signature Franklee.

How does the S21 work? if you rent a property for 6 months and they serve you a S21 during the 1st month of tenancy, when could you be asked to leave? ie, if your AST becomes a SPT at the end of the initial period, wouldn't the Landlord need to give you another 2 months notice?

G_M

A S21 Notice is not valid if served:

* before the tenancy starts or
* if a deposit was paid but not registered within 30 days
* if a deposit was registered, but the prescribed information was not issued within 30 days
* if the dates on the S21 are not correct

Otherwise it is (probobly) valid.

Werdnal

mickael28 wrote: »

Reading your signature Franklee.

How does the S21 work? if you rent a property for 6 months and they serve you a S21 during the 1st month of tenancy, when could you be asked to leave? ie, if your AST becomes a SPT at the end of the initial period, wouldn't the Landlord need to give you another 2 months notice?

As long as the LL had complied with the deposit protection and served you with the full prescribed information and terms and conditions from the deposit scheme, then any S21 issued early in the tenancy is valid. The S21 runs for 2 months from whenever it is issued, so if during the fixed term, the LL cannot start court proceedings until the fixed term ends. However, the day after the FT the LL can apply to court without issuing you any further notice or correspondence.

You are not "asked to leave". The landlord applies for a possession order to evict you, and depending on how busy the courts are, this could be issued 3-6 weeks after the LL applies to court.

mickael28

Werdnal wrote: »

You are not "asked to leave". The landlord applies for a possession order to evict you, and depending on how busy the courts are, this could be issued 3-6 weeks after the LL applies to court.

And how would the events evolve from that point? I am just thinking that if you're a family who has been in that place for a few years and have a lot of belongings, 3 weeks for example is not a lot of time to arrange a whole relocation.

Let's say you cannot find anything at the end of those 3 weeks, what could happen after that if you are unable to leave, maybe for another month?

Werdnal

mickael28 wrote: »

And how would the events evolve from that point? I am just thinking that if you're a family who has been in that place for a few years and have a lot of belongings, 3 weeks for example is not a lot of time to arrange a whole relocation.

Let's say you cannot find anything at the end of those 3 weeks, what could happen after that if you are unable to leave, maybe for another month?

Once the possession order is granted, you will be given a timescale to leave - in certain circumstances I believe you can apply for a "stay of execution" through the court but I am not sure of the criteria for this. The LL will then need to apply to a bailliff to enforce the order if you do not leave. Again, depends how busy baillifs are, but maybe another 2-4 weeks, they will turn up on your doorstep, usually with a locksmith to force entry. They will then change locks and arrange time for you to re-enter to collect belongings. No-one can tell you specific timescales - it could be that the LL makes a minor error on the original S21 and a picky judge throws it out, meaning LL has to apply for 2 months notice and PO all over again, but provided everything is 100% correct, the clock would be ticking to tenants inevitable eviction.

It is up to tenant to read and understand any notices they receive, and unfortunately the S21 is sometimes known as the "Sword of Damocles" (Google it), as you never know when the notice issued will be implemented!

mickael28

Thanks for the explanation Werdnal. We have never received an S21 but if we ever get one at the early stages of the tenancy, that will make you wonder if it's worth risking all this 'possible' hassle or if it's better to try and find something else at the end of the original AST...

Two months is ok, but I, personally, wouldn't feel comfortable if they might start pressing you to leave in as little as 3w?

Something to take into account for the future...

Thank you!!!

wannahouse

mickael28 wrote: »

Thanks for the explanation Werdnal. We have never received an S21 but if we ever get one at the early stages of the tenancy, that will make you wonder if it's worth risking all this 'possible' hassle or if it's better to try and find something else at the end of the original AST...

Two months is ok, but I, personally, wouldn't feel comfortable if they might start pressing you to leave in as little as 3w?

Something to take into account for the future...

Thank you!!!

you wouldn't be asked to leave in as little as 3 weeks!!!
you would have the initial 2 mths notice period, and then, if not vacating as requested, they would seek a possession order or whatever thru the courts who could then get you out in much less notice time...but you would have those 2 inital mths notice to comply and leave..if you don't leave after then then its really just bad luck if you're caught unawares really, isn't it!