Rental notice served - advice please!

queenofbargains

My original post is on the corona virus help forum, where I asked for advice as I’m guarantor for a young relative renting his first flat.  The following day he was served notice! Now I’ve started this thread I can’t remember the actual title!! I’ll look afterwards and include it. I was advised on my post to place one on this forum as I may get more help. I’ve been given a lot which makes me feel it’s correct by the way it’s written, but I welcome more input. (Please read my original post for what was said.) 

This is what I wrote about the notice letter -

The landlord has put a letter through the door of a young relative, saying he won’t be renewing his contract when it expires at the end of February. He has told him he needs the property for a relative who needs to isolate. Whether that’s true or not I don’t know. The contract was the second 6 month one he’s had. He will have been there a year at the end of Feb. He needs to find somewhere else as there is no other option but private rental. If he can’t find anywhere in the next six weeks, is he able to get an extension due to the current Covid lockdown situation? The landlord is also frightening him by saying he’ll get a bad reputation with other landlords if he doesn’t leave at the end of Feb. (He’s a bit scary and intimidating to be honest).
 My relative is a young man under the age of 25 - (several years younger actually) and rents on his own. 

The notice came completely out of the blue and was totally unexpected. 

I would be so grateful for your help in this matter. 

Thank you!

queenofbargains

My original post is under Corona Virus Support & Help and entitled 

Guarantor for family member’s flat rental

Slithery

Even if the LL's notice was correct (which it isn't), it doesn't end the tenancy. Only the tenant or the courts can actually end a tenancy, and with the current backlog it will likely be next year by the time the LL can get the courts to evict. Read...

Ending/renewing an AST

[Deleted User]

queenofbargains said:

My original post is under Corona Virus Support & Help and entitled 

Guarantor for family member’s flat rental

This thead: https://forums.moneysavingexpert.com/discussion/6229192/guarantor-for-family-member-s-flat-rental

[Deleted User]

queenofbargains said:

My original post is on the corona virus help forum, where I asked for advice as I’m guarantor for a young relative renting his first flat.  The following day he was served notice! Now I’ve started this thread I can’t remember the actual title!! I’ll look afterwards and include it. I was advised on my post to place one on this forum as I may get more help. I’ve been given a lot which makes me feel it’s correct by the way it’s written, but I welcome more input. (Please read my original post for what was said.) 

This is what I wrote about the notice letter -

The landlord has put a letter through the door of a young relative, saying he won’t be renewing his contract when it expires at the end of February. He has told him he needs the property for a relative who needs to isolate. Whether that’s true or not I don’t know. The contract was the second 6 month one he’s had. He will have been there a year at the end of Feb. He needs to find somewhere else as there is no other option but private rental. If he can’t find anywhere in the next six weeks, is he able to get an extension due to the current Covid lockdown situation? The landlord is also frightening him by saying he’ll get a bad reputation with other landlords if he doesn’t leave at the end of Feb. (He’s a bit scary and intimidating to be honest).
 My relative is a young man under the age of 25 - (several years younger actually) and rents on his own. 

The notice came completely out of the blue and was totally unexpected. 

I would be so grateful for your help in this matter. 

Thank you!

A tenancy can only be ended by the tenant or a court, not the landlord. The landlord can serve notice, and unless your relative has significant rental arrears, that notice is currently 6 months. Then once the notice period has ended the landlord can apply to court for a possession order.

https://www.gov.uk/evicting-tenants/section-21-and-section-8-notices

https://www.gov.uk/government/publications/covid-19-and-renting-guidance-for-landlords-tenants-and-local-authorities/technical-guidance-on-eviction-notices#section-8-notices-seeking-possession-of-a-property-under-an-assured-or-assured-shorthold-tenancy

queenofbargains

As his contract was only for 6 months (the second 6 month contract), is that definitely right that 6 months notice should be given? Because that would be when the six month contract was set up. Bit confused by this. 

queenofbargains

He doesn’t have any rent arrears. 

KatrinaWaves

queenofbargains said:

As his contract was only for 6 months (the second 6 month contract), is that definitely right that 6 months notice should be given? Because that would be when the six month contract was set up. Bit confused by this. 

This current change is due to covid 19. Yes, 6 months notice is currently required.

Grumpy_chap

The OP may find this thread of interest
https://forums.moneysavingexpert.com/discussion/6229732/martin-lewis-a-hero#latest
Irrespective of whether 6 months notice is required and whether evictions are going through the courts, there may be a pragmatic route for the OP's relative to look for alternative accommodation.  Staying somewhere with a hostile LL can never be nice.

ratechaser

Grumpy_chap said:

The OP may find this thread of interest
https://forums.moneysavingexpert.com/discussion/6229732/martin-lewis-a-hero#latest
Irrespective of whether 6 months notice is required and whether evictions are going through the courts, there may be a pragmatic route for the OP's relative to look for alternative accommodation.  Staying somewhere with a hostile LL can never be nice.

By pragmatic, you mean a conversation to the LL along the lines of "give me a big bag of cash and I'll go quietly, and much faster than you could ever legally evict me"?

Not normally a fan of this sort of veiled extortion, however if the LL is not a nice person then it's probably just karma in action...

greatcrested

queenofbargains said:

As his contract was only for 6 months (the second 6 month contract), is that definitely right that 6 months notice should be given? Because that would be when the six month contract was set up. Bit confused by this. 

Please read the links you have been given!

* a 'letter' is not valid notice. It must be a S21 or S8 Notice

* Currently the S21 must give 6 months notice, then the LLmust wait for a court date (4-6 more months)

* that asumes the S21 is valid/correct. There are many reasons it may not be

S21 checklist (Is a S21 valid?)

* threats to make a tenant leave are illegal - Protection from Eviction Act 1977 

* the tenant can offer to leave if he wshes eg in return for £££. Any agreement should be in writing

* if he suspects/fears the LL may enter the property without warning or proper reason, he should change the lock