Landlord not renewing contract on house.

harveybobbles

Asking for a friend as my knowledge on renting is limited.

The house is owned by my cousin and rented to a friend of mine.

When they moved in it was all very informal - the bond was paid monthly over 12 months as they didnt have the full mony upfront.

Full contract in place, signed each year by both parties.

Contract on house expires on April 1st.

Landlord contacted friend earlier in year to say they will be reviewing the rental price.

Today, 16th March they have said they will not be renewing the contract but wont be kicking them out on April 1st, but will allow them 30 days from today and have given them written notice.

How does it work with a contract that isnt being renewed? Does my cousin (the landlord) need to issue a Section 21 or just a written notice to say it's not being renewed?

I always thought Section 21's were for when you were getting evicted?

Pixie5740

Is the property in England or Wales (since you mention Section 21) or is it in Scotland?

Wherever the property is, then 30 days notice from the LL does not sound sufficient.

harveybobbles

Property is in Enger-land.

Pixie5740

Right, so the 12 month AST started on 2nd April 2014 then? Your cousin (the landlord) wants the tenant out ergo your cousin wants to evict the tenant. 30 days notice is not sufficient (legally).

Get your cousin to read: Ending an AST

harveybobbles

Forgot to add that the landlord is wanting to move back into the house, if that makes any difference.

Pixie5740

Very little. Instead of a Section 21 the LL could issue a Section 8 using Ground 1 but either way the notice gives the tenant 2 months notice (assuming rent is paid monthly) that the LL intends to regain possession of the property. Notice served by the LL doesn't actually end a tenancy as only the tenant or a court, so if the tenant doesn't leave at the end of the notice period the LL then has to apply to court for an eviction order.

harveybobbles

Rent is paid on the 1st of each month.

I doubt the deposit was secured as it was split down over 12 months, so a S21 can't be issued from what I read in your link.

Sounds like they would be best doing a 'written mutual'

Pixie5740

Why? If the tenant wants to move out then the tenant just has to serve their own notice. If the tenant serves notice now (allowing 2 working days for it to be delivered) then the tenancy would end 1st May 2015 (assuming tenancy started 2nd April 2014). Although I'm slightly confused as to whether the tenancy started 2nd April 2014 or 1st April 2014 as your posts don't make that clear.

harveybobbles

Tennancy started on 1st April 2014. Well, in theory it started on April 1st 2010 and has just auto renewed.

Tennant doesnt want to move out, but obviously will do.

theartfullodger

harveybobbles wrote: »

Forgot to add that the landlord is wanting to move back into the house, if that makes any difference.

He can go then with s8G1 notice....
http://www.landlordzone.co.uk/content/grounds-for-possession
- but....
a) Did he actually live there previously - as his principle home??? &
b) Does the tenancy state g1 can be used and was notice of g1 served prior to tenancy signature??

However.. HA 1988 S7(6) says G1 can't be used in fixed term..

Cheers!

Pixie5740

Is the original tenancy started 1st April 2010 and was for 12 months then the fixed term ended 31st March 2011.

What do you mean that the tenancy auto-renewed? Did the tenant sign a new 12 month fixed term each year?