Tenancy Legislation - change to 1 months notice

richie1969

Is there likely to be a change in tenancy legislation so private tenants are not held prisoner to a 12 month tenancy agreement, if they have lost their job through the impact of Covid-19. There should be a change to allow tenants to be released from their tenancy with giving 1 months notice instead.
E.G signed up for a new room, 3 weeks later lost job, moved out to be with family, now potentially expected to pay £10000 for a 3 week stay in a room.
No break clause, landlord does not accept DSS, do not qualify for Universal Credit!

Grumpy_chap

I don't think that type of change is likely.
Is your agreement assured shorthold tenancy?  They often include a break-clause after 6 months even on a 12-month tenancy.
It was your choice to move out after three weeks, irrespective of your reasons to do so.  The landlord has upheld their end of the bargain if they made and continue to make the property available to you.  It is still there for you to return to if you choose.  Do you still have any possessions at the property?  
The comments about 'no DSS' only really apply before you are in the property.  Once you are in, then the landlord is obligated to provide you the property and you are obligated to pay the rent irrespective of any change in circumstances.  The landlord may have insurance to cover this eventuality and, if so, their capacity to make concessions is higher.
The best thing is to probably engage in discussion with the landlord.  Explain what has happened, what you could afford to pay and offer to vacate early if the landlord wishes to re-market and another tenant can take over the property. 
If you just move out after three weeks intending to leave the property vacant for the remaining 49 weeks, that in itself may be a breach of the tenancy agreement (security issues with a long-term vacant property).

Fire_Fox

richie1969 said:

Is there likely to be a change in tenancy legislation so private tenants are not held prisoner to a 12 month tenancy agreement, if they have lost their job through the impact of Covid-19. There should be a change to allow tenants to be released from their tenancy with giving 1 months notice instead.
E.G signed up for a new room, 3 weeks later lost job, moved out to be with family, now potentially expected to pay £10000 for a 3 week stay in a room.
No break clause, landlord does not accept DSS, do not qualify for Universal Credit!

You have misunderstood the present situation and/ or not thought through the implications of your proposal.

The current minimum six month fixed term Assured Shorthold Tenancy is beneficial to BOTH parties. The property remains the tenants home until either they formally surrender the tenancy or they are evicted by court ordered bailiffs. The landlord or their agent are not permitted to enter the tenants home at will during the tenancy.

Your example is unrealistic. If a tenant lost their job through no fault of their own they would usually qualify for financial support via the DWP and local council. The tenant is not obliged to inform the landlord of their change of circumstances, nor can the landlord take any action if they are told.

If a tenant requests the AST is terminated prematurely and stops paying rent, any sensible landlord would agree an early surrender. Since most have just one BTL this loss of income is likely to cause them difficulties, for example unable to pay the mortgage or service charges (flats). Early surrender by mutual agreement is the route recommended on the MSE House Buying Renting & Selling board and on similar forums.

If the tenant simply stops paying rent and vacates the property, as noted earlier the landlord is not permitted to enter and relet it. If the landlord could do so after (say) a month, a tenant might be hospitalised for a few weeks, then come 'home' to find nowhere to live and no belongings! This does happen in council-funded temporary accommodation (eg. B&B, hostel).

If legislation in England and Wales were changed to abolish the minimum six month term of an AST as you propose, it is likely rents would increase to cover more frequent void periods and/ or criteria for an 'acceptable' tenant would be much stricter. This would mean some people on a low income or new to the world of employment would be unable to find rented accommodation.

Congratulations, you just increased homelessness.