Rolling tenancy - how much notice from Landlord?

robthenewboy

We've rented our current home for nearly 6 years.  Original contract was for 12 months then we agreed with the landlord to move to 'rolling' tenancy.
Owner lives abroad and has told us that he's possibly going to be selling, that he wants to get a valuation but hasn't made a final decision yet.  His decision will rest upon how much the valuation is for and his personal circumstance.   We appreciate his honesty are fine with it.
What I need to know is this:  How much formal notice does he need to give us if he does decide to sell up?
Someone correct me if I'm wrong, but normally I believe this period to be two months, but under current coronavirus rules he has to give six months, at least until March when (I believe) it reverts back to two months.
Have I got this right?  I wasn't sure because we're now on a rolling tenancy and have been since 2016 and I wasn't sure if the rules get changed because of this.

youth_leader

My rental agency have just told me it's six months.  There was a link in another post to the Shelter guidance, I'll try and find it for you.

youth_leader

How to end a periodic tenancy - Shelter England

robthenewboy

Thanks for that.  It's more aimed at tenants who want to give notice though rather than landlords.

youth_leader

Sorry robthenewboy - there is a site here
Tenant rights during a property sale | The Tenants' Voice 
with some info about a landlord selling, and there is a 'landlord' website but I can't find it.  

theartfullodger

robthenewboy said:

......
Owner lives abroad and has told us that he's possibly going to be selling, that he wants to get a valuation but hasn't made a final decision yet.  His decision will rest upon how much the valuation is for and his personal circumstance.   ....

......What I need to know is this:  How much formal notice does he need to give us if he does decide to sell up?
.....

Unless (very unlikely ) there's a clause in the tenancy about valuations, surveys, viewings by prospective buyers you don;t have to agree to any of them.  It is your home, your property, merely landlord's investment whilst there's a tenancy (even if rent not paid)...  So don;t permit any valuations etc unless you want to be evicted.

If notice if Section21 then it must give AT LEAST 6 months.  Many s21 notices are invalid and can thus be ignored.   Even of valid with Covid, the mess of Brex****, courts being closed it's likely to be 12-18 months before you are evicted.

As he lives abroad unless you pay via agent then he needs to provide you with agreement from HMRC otherwise you must withhold 20% of rent prior to paying him. 

Artful: Landlord since 2000

greatcrested

As artful says, a S21 must currently expire at least 6 months after service (fixed term or periodic).

And that assumes it is corectly served/valid:

S21 checklist (Is a S21 valid?) - accurate except for coronavirus act chenge to 6 months.

If there's no agent and you pay the landlord direct, have you been deducting 20% tax or have you received HMRC permission to pay the rent in full? see

HMRC for overseas landlords (Non Resident Landlord Scheme)

More here too:

Post 4: Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

robthenewboy

Thanks for the replies.
So six months, no problem.  We have no intention of contesting the end of the tenancy or to string it out to be 'evicted' - we're not that kind of tenant and have no quarrel with the landlord.
As for NRLS - I have literally never even heard of this before.  Have never received a letter about it from HMRC, never heard it mentioned by the landlord or anybody else.  
The house used to be his home here.  Then he changed job and worked in Belgium and that was the point where he put the house up for rent.  It was set up in 2015 through a letting agent who were only employed to undertake the initial setting up of the tenancy, with no ongoing maintenance. We simply pay the landlord direct each month and have never had any contact at all from anybody regarding NRLS.  He's an Irish citizen, not UK, if that makes any difference.  

dimbo61

So does the LL look after the property ?
Gas Safe Certificate each year ?
EICR which is an inspection of the house electrics ?
What is the EPC of the property ?
You can check online !
Maintenance problems ?
Did he protect your deposit ?
Has he paid the taxes he should have from running a business in the UK ?
Please answer the above questions

robthenewboy

His taxes are his business.  I don't see that it has anything to do with me at all, especially since I've not been contacted by HMRC about it.

As for the other questions - what's the relevancy to my original query?

greatcrested

robthenewboy said:

His taxes are his business.  I don't see that it has anything to do with me at all, especially since I've not been contacted by HMRC about it.

As for the other questions - what's the relevancy to my original query?

No. It IS your business.

If you read the link I gave you you wil discover that HMRC can come after YOU for the tax he owes, since he is overseas and you are here, in the UK. Read the link and take it seriously!

The other questions dimbo61 asks are relevant as they affect the issue of whether any S21 Notice he serves is valid or not. Again, look at the link I gave you. I don't provide links just for my own entertainmet but to help you!