Landlords can't give notice for 3 months?

greatcrested

If the contract says one month for the tenant, then one month it is.

However the 'month' may have to align with the tenancy periods. Did you have a fixed term to start with? Exact dates please. Has it ended? What then happened?

45002

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

You think they would increases penalties available for illegal evictions currently

Protection from Eviction Act 1977. E&W.

Upon conviction up to 6 months in prison Fine or both at magistrates.

Upon conviction up to 2 years in prison Fine or both at Crown court.

Plus civil damages under 1988 Housing act

Slimmer laws applies to Scotland and NI.

I Fear a small number of LLs will carry out illegal evictions and get away with it in these trouble times ...

hippocrates1

Why are they kicking you out?

homeless9

hippocrates1 said:

Why are they kicking you out?

have not given a reason. A guess is that they are probably going to sell the property.

no tenant has done anything wrong. it's nothing to do with bad tenants.

homeless9

greatcrested said:

If the contract says one month for the tenant, then one month it is.

However the 'month' may have to align with the tenancy periods. Did you have a fixed term to start with? Exact dates please. Has it ended? What then happened?

fixed term was 6 months. that ended years ago for me. other tenants are still within their 6 month initial period. then it's been a rolling 1 month contract.

yes, contract says 1 month notice.....and I quote.....

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.

greatcrested

Did you have a fixed term to start with? Exact dates please.

homeless9

greatcrested said:

Did you have a fixed term to start with? Exact dates please.

I am under an assured shorthold tenancy which initially was a fixed term of 6 months that ended years ago (not sure why you need exact dates), it was like 5 years ago.......anyway, now it's a rolling month by month contract where I can give 1 months notice at anytime to leave.

anyhow, the rules are....

SECTION 21 NOTICES

Landlords wishing to end an assured shorthold tenancy ("AST") usually use the 'no fault' procedure. This requires a two-month notice to be served under section 21 of the Housing Act 1988 and an application for a possession order once that notice has expired. The court must grant a possession order unless the landlord has failed to comply with the procedural requirements.

2 months notice is required to end this tenancy arrangement.

As for the other people living in the same property as me, they are still under their 6 month fixed term and still have 3 months to go, so as far as I am aware, the landlord can not get rid of these tenants anytime soon as the landlord can't give notice until 4 months have passed. So that's 3 months the landlord will have to wait until they can get their property back. Then there is all this coronavirus stuff that could go on for much longer.

greatcrested

homeless9 said:

greatcrested said:

Did you have a fixed term to start with? Exact dates please.

I am under an assured shorthold tenancy which initially was a fixed term of 6 months that ended years ago (not sure why you need exact dates), it was like 5 years ago.......anyway, now it's a rolling month by month contract where I can give 1 months notice at anytime to leave.

Because you asked about the notice you as a tenant would have to give. A I said above when I asked for the exact dates " the 'month' may have to align with the tenancy periods."

homeless9

greatcrested said:

homeless9 said:

greatcrested said:

Did you have a fixed term to start with? Exact dates please.

I am under an assured shorthold tenancy which initially was a fixed term of 6 months that ended years ago (not sure why you need exact dates), it was like 5 years ago.......anyway, now it's a rolling month by month contract where I can give 1 months notice at anytime to leave.

Because you asked about the notice you as a tenant would have to give. A I said above when I asked for the exact dates " the 'month' may have to align with the tenancy periods."

ahh ok. I thought you may have been asking due to something to do with the notice the landlord had to give to me.

Dates of initial fixed term 6 month contract were 1st jan to 31st June 2014

The month notice written into the contract that I have to give doesn't state it has to be a calendar month. But either way, if it's a calendar month or 31 days, then I will be fine in giving either of those notices.

martindow

What is happening to courts?  I would not be in the least surprised if they are suspended for matters like S21 hearings.  If that were to be the case no evictions could be enforced after 2 or 3 months have elapsed.