Landlords can't give notice for 3 months?

homeless9

Hi people,

I have heard that landlords can not give notice to tenants for the next 3 months..... is this official?, what if the landlord gave notice before this rule came in? or landlord probably saw that the government were thinking about introducing it, text us to tell us we should all leave by end of April, and I think a few days later the government may have officially bought this rule in? So has the landlord got away with this just in time and we all have to leave our HMO at end of April? or does this new rule apply and we are free to be here for another 3 months?

elsien

Are you a lodger or do you have a tenancy? If so, what sort, how long for, and any break clauses?
A text from a landlord is unlikely to comply with the statutory tenancy notice provisions even pre coronavirus. 

theartfullodger

As I understand it Landlord can give s21 or s8 anytime as before, but the notice will not expire before at least 3 months.

Nearly legal has an article about it.

And Landlord can choose to give no reference or a full, honest one.  But I think allowances will be made, and hope everyone survives.  Rather more important than notices or references

greatcrested

homeless9 said:

I have heard that landlords can not give notice to tenants for the next 3 months..... is this official?, what if the landlord gave notice before this rule came in? or landlord probably saw that the government were thinking about introducing it, text us to tell us we should all leave by end of April, and I think a few days later the government may have officially bought this rule in? So has the landlord got away with this just in time and we all have to leave our HMO at end of April? or does this new rule apply and we are free to be here for another 3 months?

LL can give notice any time in the usua way ie via a S21 or S8 Notice. Text has never been a legal way to serve notice, so if you've been told by text to leave by the end of April, you can ignore this. Nothing to do with the new regulations.

The S21 (or S8) can expire at any time after the usual period (2 calender months for a S21, 2 weeks for most S8 grounds).

The LL then has to apply to court for possession (as usual), However what has changed is that the courts will not grant a possession order within the next 3 months.

The above all assumes you are a tenant, not a lodger.

homeless9

greatcrested said:

homeless9 said:

I have heard that landlords can not give notice to tenants for the next 3 months..... is this official?, what if the landlord gave notice before this rule came in? or landlord probably saw that the government were thinking about introducing it, text us to tell us we should all leave by end of April, and I think a few days later the government may have officially bought this rule in? So has the landlord got away with this just in time and we all have to leave our HMO at end of April? or does this new rule apply and we are free to be here for another 3 months?

LL can give notice any time in the usua way ie via a S21 or S8 Notice. Text has never been a legal way to serve notice, so if you've been told by text to leave by the end of April, you can ignore this. Nothing to do with the new regulations.

The S21 (or S8) can expire at any time after the usual period (2 calender months for a S21, 2 weeks for most S8 grounds).

The LL then has to apply to court for possession (as usual), However what has changed is that the courts will not grant a possession order within the next 3 months.

The above all assumes you are a tenant, not a lodger.

Wow, thanks for this.

Yes, I am tenant with a contract in a HMO and none of us are behind with rent.

2 further Questions:

The contract I have states:
The landlord may end this agreement by giving the tenant one calendar month's notice in writing in line with section 21 of the housing act 1988, that  you must give up the premises on a date shown on the notice. The notice will be served in line with the provisions of section 196 of the Law of  Property Act 1925, and will be hand delivered to the address on this agreement.

1. This states 1 calendar month notice..... is this illegal? it should be 2 months then?

2. Is the 3 month exemption currently in place? is it official as of right now?

theartfullodger

See an expert view on this: Notices (s8, s21) can't expire for 3 months:

https://nearlylegal.co.uk/2020/03/emergency-legislation-on-possession-claims/

What in practice the amends mean is that – from the commencement date – any notice served in respect of a Rent Act/protected tenancy, a secure tenancy, an assured tenancy (including assured shorthold tenancies), a flexible tenancy, a demoted tenancy or introductory tenancy – must have a three month notice period.

This includes ASB grounds, section 21, etc. Any notice at all, for those tenancies.

greatcrested

1) S21 says:

21 Recovery of possession on expiry or termination of assured shorthold tenancy.

(1)Without prejudice to any right of the landlord under an assured shorthold tenancy to recover possession of the dwelling-house let on the tenancy in accordance with Chapter I above, on or after the coming to an end of an assured shorthold tenancy which was a fixed term tenancy, a court shall make an order for possession of the dwelling-house if it is satisfied—

(a)that the assured shorthold tenancy has come to an end and no further assured tenancy (whether shorthold or not) is for the time being in existence, other than [F1an assured shorthold periodic tenancy (whether statutory or not)]; and

(b)the landlord or, in the case of joint landlords, at least one of them has given to the tenant not less than two months’ notice [F2in writing] stating that he requires possession of the dwelling-house.

Here is the Act:

https://www.legislation.gov.uk/ukpga/1988/50/section/21

2) Not yet in place. Friday?

Once it's inplace, just substitute '3 months' for '2 months' (and '3 months' for '2 weeks' for a S8 Notice).

Thanks for the link artful!

theartfullodger

Cheers crested:  Here's the draft legislation...

https://publications.parliament.uk/pa/bills/cbill/58-01/0122/amend/coronavirus_daily_cwh_0323.55-60.html

""

Assured shorthold tenancies
		7           Section 21 of the Housing Act 1988 (recovery of possession on expiry or
		termination of assured shorthold tenancy) is to be read, in relation to notices
		given under subsection (1) or (4) of that section during the relevant period, as
		if—
		(a)     in subsection (1)(b) for “two months’” there were substituted “three
		months’”,
		(b)     in subsection (4)(a) for “two months” there were substituted “three
		months”, and
		(c)     in subsection (4E)(b) for “two months” there were substituted “three
		months”.

  """

& for s8 & Rent Act etc etc etc etc.....

It's going to happen,

homeless9

just to add....

the shorthold tenancy agreement was initially a 6 month term, it started several years ago, so that 6 month term was up ages ago, and then continued on a month by month term and continues until notice is either given by tenant or landlord.

I signed the contract which states the landlord only has to give 1 month notice. But this is not legally binding? and the landlord HAS TO give me 2 months notice?

greatcrested

That is what the leglislation says. That is why we have been quoting it for you!

So if he serves notice via a proper, valid, S21 now, or before Friday (or whenever the new Law is implemented) the S21 must expire after at least 2 months.

After Friday (or whenever), 3 months.

This may also help you check if a S21 is in any case valid - warning, there are 80 odd questions!:

S21 checklist (Is a S21 valid?)

homeless9

greatcrested said:

That is what the leglislation says. That is why we have been quoting it for you!

So if he serves notice via a proper, valid, S21 now, or before Friday (or whenever the new Law is implemented) the S21 must expire after at least 2 months.

After Friday (or whenever), 3 months.

This may also help you check if a S21 is in any case valid - warning, there are 80 odd questions!:

S21 checklist (Is a S21 valid?)

Thanks for your help.

2 months it is, at least!  awesome!

The contract also states that tenants only need to give 1 months notice to the landlord, do you know if there are any rules overruling this or should it only be 1 month if stated 1 month in this case?