UK Landlord Forum / Life

Hello,

I have been renting out my house to tenants through an Estate Agent. My tenants have been living there for 2 years.

Over the last 6 months I have stayed in touch with the Estate Agent mentioning that I am likely to want to get possession of my house at some point this year (even contacted them about 6 weeks ago to reconfirm advice). I was advised that I would have to wait for the fixed term to end and then I can serve 2 months notice.

Today the fixed term came to an end and I asked the estate agent to serve notice as I have been living at my parents for the last 6 months and have been told by my step dad that I have to leave now. She's just called me back and said that she didn't know, but under new legislation, I now have to give 3 months notice. I understand that under current circumstances I have to be reasonable. However, I understand from CAB that I have no legal rights and am not protected by any laws as I'm a lodger at my parents, they can kick me out whenever they chose, but obviously I can't do the same to my tenants (nor do I want to!).

Does anyone know if there are exceptions to the 3 months rule?

My step father is not a nice man and I requested for emergency housing but I have to put my dog in kennels if I go down that route and so I pulled out. I could handle 2 months by breaking it up and staying with friends for a couple of weeks (they have offered this, and I have permission from CAB to travel because of my situation), but 3 months is a long time. I won't be able to leave until Sept.

Thank you for your help. If you could point me in the direction of any literature that could help me speak to estate agent, I'd be very grateful.

Thank you
Nilani

Quote from: Ennu on May 29, 2020, 04:41:44 PM
Does anyone know if there are exceptions to the 3 months rule?

No.

Sack the agent.

QuoteI was advised that I would have to wait for the fixed term to end and then I can serve 2 months notice

The s21 notice can't end before the fixed term, not you have to wait for the fixed term to end first before you can serve notice.

QuoteShe's just called me back and said that she didn't know,

"She didn't know?" It's literally her job to know. Either she's lying (because e.g. agent get more commission longer tenant stays) or she's completely incompetent. But then, how did you not know either? It was one of the key measure as a result of COVID to protect tenant from being evicted during this and was well reported. Even if you didn't know the final legislation wordings, you should had known to look further into it from the news as someone who's "likely to want to get possession of [your] house at some point this year".

Talk to your tenant. Let them know you're needing to move back in, and see if and when they're willing to leave. If you're having to go legal, you're pretty much stuck. Notices is 3 months currently, plus you then have to go to court etc. which takes at least a few more months during normal time without the last few months worth of cases having been suspended. Pay your tenant to leave if you have to.

Thanks for your response. No need for the rude reply. I was just asking for help during a difficult situation.
I was aware there were changes but as I wasn't expecting my parents to kick me out it wasn't something that I paid too much attention to. I do expect my estate agent to advise on this. That's what I'm paying for. But as you say, she is useless. Obviously at this point sacking them is a pointless act.
Other countries have similar rules but included exceptions. My question was simply to understand if anyone knew if we had them in the U.K as I couldn't see any.

It looks like it's not the case. Nice for tenants to be so protected but as a lodger I'm not protected and can't go back to my own home either. Nice one government!

I think this is interesting for a few of us. In my case tenants are no longer paying rent. I asked for them to work with me and see what they could pay and it conveniently has been nothing. I feel this is going to be for a lot of landlords. People given an inch take a mile. So even though they stop paying they now almost get squatters rights?
But can't you just serve 3 months notice- why do you need a court?

Quote from: Web Designer on June 01, 2020, 03:00:00 PM
But can't you just serve 3 months notice- why do you need a court?

(Generalising) A landlord notice doesn't end a tenancy with natural person occupier (or in the case of break notice, a statutory periodic tenancy will start on the fixed term ending by notice). The only legal way for the LL to evict their tenant, i.e. remove them against the tenant's will, is by going to court for an order for possession, and then having that order executed by a county court bailiff or High Court enforcement officer. Any attempts by LL to physically evict their tenant themselves or otherwise prevent access is a criminal offence.

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Pay your tenant to leave if you have to.
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I was going to suggest exactly that - money talks. Otherwise, go through the updated route. i believe this has now extended to 5 months if you have not issued your eviction notice already.