Landlord Notice

sotonkona

I have a month left of my 12 month fixed term tenancy arrangement (Assured Shorthold Tenancy). My landlord wants us to leave, how much notice should he give us now? Or can he make us leave on the final day of the fixed term?

Mr.Generous

2 months notice in writing (email counts) is my understanding.

sotonkona

Thank you, if in the time he serves notice we find somewhere else are we able to serve our 1 months notice and leave earlier.... or is that pushing the boundaries too far!

CM66

You can leave at the end of the fixed term without giving notice, as its a fixed term!

Comms69

Mr.Generous wrote: »

2 months notice in writing (email counts) is my understanding.

Emails do NOT count

Comms69

If the LL wants you to leave, hes going to have to pay you to do so.
Avg eviction times are 6-9 months

wantonnoodle

He cannot make you leave, only the courts can evict you. He needs to serve a Section 21 notice, provided all the correct docs have been served (how to rent guide, EPC, GSC) and deposit correctly protected. If any of these are missing, it won't be valid.

A Section 21 notice gives 2 months notice of intention to start court proceedings. You do not have to leave within those 2 months. After those 2 months, he can apply to the court for a possession hearing. Should that hearing be successful, a possession order will be granted by the court. Only after that, can the court appoint bailiffs to evict. This whole process can take 6 -12 months, however, if it gets as far as court you will be liable for some of the costs.

Of course, you could leave at the end of the fixed term, if that is what you want to do, but this is in no way mandatory. I would anticipate, once he has figured out what he needs to do, you will eventually be needing to find somewhere else to live, so it may be prudent to start looking, but bear in mind that you will need to give most likely 1 rental period's notice if you intend to leave after the expiry of the fixed term, assuming there is nothing mentioned in the tenancy agreement about notice after the end of the fixed term.

sotonkona

I don't think it will get to eviction, we've been good tenants he just wants to raise the rent at an unacceptable level (over 10%) simply to release more equity from his mortgage to fuel his greed.

I just want to make sure he is following the right procedure to serve us notice and he cannot make us leave at the end of the fixed term.

If for example he served us notice today with 1 month left of the fixed term I am assuming from the above that we will have 2 months to leave. After the fixed term is over the existing contract will just roll over for the extra month based on the same terms?

Comms69

sotonkona wrote: »

I don't think it will get to eviction, we've been good tenants he just wants to raise the rent at an unacceptable level (over 10%) simply to release more equity from his mortgage to fuel his greed.

I just want to make sure he is following the right procedure to serve us notice and he cannot make us leave at the end of the fixed term.

If for example he served us notice today with 1 month left of the fixed term I am assuming from the above that we will have 2 months to leave. After the fixed term is over the existing contract will just roll over for the extra month based on the same terms?

No. You are incorrect.


a s.21 notice does not either compel you to leave; nor allow you to leave.


You either leave on the last day of the fixed term OR you serve your own notice to leave thereafter.

sotonkona

If he serves us notice before the end of the fixed term how does that work then?

Comms69

sotonkona wrote: »

If he serves us notice before the end of the fixed term how does that work then?

What do you mean?


a s.21 notice is literally just saying "I may decide after two months to go to court and get my flat back"


That's it, no more, no less.