Rental notice served - advice please!

CKhalvashi

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. 

Yes, due to legislation covering the current health emergency, this is currently the case.

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.

Legally, if the LL becomes 'difficult' under certain circumstances, a claim could be made for harassment.

Realistically, you are completely correct.

I've given details of how I'd negotiate this (and to the full current rules in plain English) in your other thread. With the links that you have been given, please let us know if you don't understand anything in there, as the help and advice here is spot on in terms of how it should be applied.

The timeframes to go through the full process at the moment are realistically in excess of a year from the date a S21 is given. I am unaware of anyone in your relatives situation (I volunteer locally with a project that helps with housing issues, however I mean where the tenant is not at fault) who has received an eviction order since March 2020, as the courts are rightly concerned about making people homeless through no fault of their own during a pandemic.

If the LL may have required the property, they should have thought of this before renting it out. Naturally they appear to have gone into this without a proper business plan and a weak understanding of the legislation that currently applies. The pandemic can't be an excuse as these rules will have come into force at the same time as the tenancy was agreed upon in the first place.

queenofbargains

This is what’s been served - it says Form 6A

MaryNB

Looks like the LL has given him 6 months notice. He has until the 6th of July.

Grumpy_chap

That is a "section 21 Notice".
I am not sufficiently knowledgeable to say whether it is valid or not, but I am sure others will be along shortly with good knowledge in that regard.
Do any of the "obvious errors" apply?  Gas safety certificate, EPC, "how to rent" information?
The attached gives some information in lay-terms (https://england.shelter.org.uk/housing_advice/eviction/section_21_eviction).  Significantly, this confirms that the minimum notice period is 6 months at present because of COVID.
You (or your relative) must keep up their rent payments in full and on time as not to do so is the first thing to start to tip the balance back in favour of the LL.

CKhalvashi

Looks like a valid S21 to me at quick glance, on condition that the property isn't an HMO (meaning it's self-contained with its own kitchen and bathroom roughly) and the deposit is protected adequately.

6 July is 6 months, so that isn't an issue legally under the current emergency legislation. If served today, I'd argue that there's no point arguing about 24 hours.

I'm glad your relative has some breathing space now, and hope that he is able to find alternative accommodation in this time that meets his needs.

If you have any further issues, please don't hesitate to comment on either post and we will look at it for you.

[Deleted User]

queenofbargains said:

This is what’s been served - it says Form 6A

The notice clearly says 6 months notice is required and the date given is 6th July 2021 which is a date after the end of the fixed term in February.  From that notice I’m not sure how either you or your relative came to the conclusion he would need to leave in 6 weeks time because he doesn’t. 

greatcrested

Drip drip....

It is not 'a letter'. It is clearly a form 6a under the Housing Act 2988 S21 - as indeed it states.

It also clearly states 6 months.

If you want to check it is valid, follow the link already provided.

S21 checklist (Is a S21 valid?)

CKhalvashi

Lover_of_Lycra said:

queenofbargains said:

This is what’s been served - it says Form 6A

The notice clearly says 6 months notice is required and the date given is 6th July 2021 which is a date after the end of the fixed term in February.  From that notice I’m not sure how either you or your relative came to the conclusion he would need to leave in 6 weeks time because he doesn’t. 

I've been in business for more years than I care to remember. What someone says verbally and what they're willing to put in writing are very often completely different.

I think it's fair to assume that this may have been discussed verbally given that OP knows more than the S21 says.

Morrigan_2020

Sounds to me like the landlord has told the tenant they need to leave in Feb in the hope that they don't know their rights, but served a correct section 21 as a back up in case they do. 

Wow, in a way that's worse than a clueless amateur landlord just not knowing the law, this is a landlord who clearly does know the law but is trying to get around it by intimidation and misinformation anyway! 

OP, your relative can carry on living there for at least the rest of this year, but if he would rather not then my advice would be to look for a new place and when he finds something suitable (no hurry) tell the landlord that he will go if his moving costs and some compensation for the inconvenience of leaving earlier and during a lockdown are paid to him, and don't sign anything or vacate the property till he has that money. 

hb2

If the tenant does find somewhere before the end of the 6 months, please be aware that they will need to serve their own notice (unless they have a written agreement from the landlord stating otherwise).

Asking the landlord to pay the cost associated with an early move is not 'extortion'. The tenant would have had to negotiate an agreement with the LL if they had wanted to leave before the end of the fixed contract, this is no different.