Renting - Notice Period

bvj2016

We have lived in our private rented house for 10 years+. We sign a new lease every 12 months with the current one due to expire at the end of February. On Monday  the landlord called and said that he is putting the house up for sale. Where do we stand legally? Do we have to be out in just over 2 months? Or, are we covered by the 6 month covid regulations notice period? As it was completely unexpected, we haven't got anywhere else in mind and given that it's almost Christmas, it's unlikely that we'll fing somewhere suitable soon.

MaryNB

You've got 6 months from when he issues the S21 notice - assuming he does everything correctly. Have a look online for S21 checklists. There are a lot of requirements he has to meet. If any aren't met it invalidates the notice and he has to start again.

You've got loads of time to find somewhere else so don't let it ruin your Christmas! Plenty of time in the new year to find somewhere else.

Also, he can't evict you after 6 months. It's just a notice to end the tenancy. If you don't leave after 6 months he then has to apply to a court to have you evicted which will take a very long time (many many months, probably 2022 at the earliest).

theartfullodger

The sale of a property does not end a tenancy nor compel a tenant to leave.  Even if new owner is outside with 3 screaming kids, a removal van and a nervous breakdown.

Landlord needs to serve notice.  Minimum 6 months.  Many are invalid.  Even if valid doesn't end tenancy nor compel tenant to leave either.  Probably 12 to 18 months based on current court delays thanks to Bozo the clown's wonderful management of Covid and Brex****.

Landlord might be willing to "encourage" you to leave - I'd want at least £10k but I'm a greedy landlord.

grumiofoundation

First question(s) - 
Has your landlord actually served you formal notice? 

Has he actually said you need to leave? He may sell to another landlord. 

Would be worth checking with him as to his intentions. If he wants to sell with vacant possession any time soon he may be willing to help you (financially) to move. 

If he serves you a Section 21 notice period needs to be 6 months. At this point he can take you to court to end tenancy and (assuming section 21 is valid - check if it is when/if it is served) court will then tell you to leave. 

Note -  assuming section 21 applies can you confirm if you are in England/Wales/Scotland/NÍ? 

https://england.shelter.org.uk/housing_advice/eviction/section_21_eviction/section_21_eviction_process. 

Slithery

If you haven't even been served an S21 yet to start the process then if you want you can still be there in 2022...

FaceHead

The current covid regulations are not going to help you (unless extended), but as above the process of evicting tenants is a long and complicated one, and often possible to pick apart. The courts have started processing evictions again, but there is a massive backlog, so I agree with the above that it'll be at least 2022 before the landlord could shift you if you hung on. 

Will the landlord consider selling with you in situ? Depending on the rent you pay, it could either help or hinder the sale. 

You've agreed with the landlord each year (ish) that you'll rent the house for another year. This year they don't want to repeat the agreement. You could fight through the counts, but don't you feel morally compelled to honour the agreement you made 11 months ago? You're not going to be legally compelled to honour it for quite some time. 

greatcrested

For more read:

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?

grumiofoundation

FaceHead said:

The current covid regulations are not going to help you (unless extended), but as above the process of evicting tenants is a long and complicated one, and often possible to pick apart. The courts have started processing evictions again, but there is a massive backlog, so I agree with the above that it'll be at least 2022 before the landlord could shift you if you hung on. 

Will the landlord consider selling with you in situ? Depending on the rent you pay, it could either help or hinder the sale. 

Why not? Notice period is still 6 months not 2? (edit see post below)

You've agreed with the landlord each year (ish) that you'll rent the house for another year. No they haven't they agreed to rent for a minimum of 13 months, and the landlord should have been well aware of what happens at the end of a fixed term contract. This year they don't want to repeat the agreement. You could fight through the counts, but don't you feel morally compelled to honour the agreement you made 11 months ago? Morally? Really? Also since this was not the 'agreement' they made, morals smorals... You're not going to be legally compelled to honour it for quite some time. 

To the OP I would personally ignore anyone suggesting somehow you have a moral obligation to leave since really this is inaccurate and irrelevant (which to be fair to the moralising poster they did include the legal reality as well). 

Edit - obviously unless house is sold to a landlord you are going to have to leave at some point but not in 2 months unless you choose to.

A_Lert

Based on what I've read you are covered by the longer 6 month notice period.

"This guidance regarding longer notice periods applies whilst the period of national restrictions are in place until the beginning of the day on 2 December and applies in all local restriction tiers when the national restrictions are lifted."

"For notices served between 29 August 2020 and 31 March 2021 inclusive of, the minimum notice period is six months"

https://www.gov.uk/government/publications/covid-19-and-renting-guidance-for-landlords-tenants-and-local-authorities/technical-guidance-on-eviction-notices

https://england.shelter.org.uk/legal/housing_options/covid-19_emergency_measures/rent_arrears_and_eviction

There is a caveat: if the measures are not extended, I think your landlord could issue you a new 2 month notice on the 1st of April. But this would make not much difference in date compared to a 6 month notice issued today.

When your current tenancy ends, with no other action you will automatically go onto either a contractual or a statutory periodic tenancy, depending on your current agreement.

And if you stay past your notice period, eviction proceedings take even longer. IMHO you should make a good faith effort to find a new home by the end of your notice period though.

Like FaceHead said, the landlord can perfectly well sell with a sitting tenant.

Oh, and viewings are at your sole discretion. Your tenancy agreement may contain viewing clauses, you may be in breach of contract if you don't comply, but your landlord or their agent cannot lawfully just let themselves in. Watch out because a lot will do exactly that.