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Covid 6 months notice.

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Author Topic: Covid 6 months notice.  (Read 195 times)
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« on: April 08, 2021, 12:36:34 PM »

Prior to the Covid outbreak the tenancy agreement my agent set-up with the tenant would have ended on the 31st July 2021. Under current legislation a six months notice period is required, so last month (March) I served notice via my agent which takes the period to September 2021. The UK Gov 6 month notice period is in force to the 21st May 2021. The question I have is: If the UK Gov (England) does not extend the 6 months notice period on the 21st May. Will the agreement revert back to the original end of July 21 end date?
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« Reply #1 on: April 08, 2021, 01:15:48 PM »

The Section 21 notice period doesn't change the end date of the tenancy agreement: it's still 31st July either way. The Section 21 is a "no fault" eviction process, instructing your tenant to leave at the end of the stated period. In the absence of an eviction, or a formal contractual renewal, the tenancy would just continue as a Statutory Periodic Tenancy.

If by chance the minimum notice period were to revert to two months at the end of May, you could in theory issue a new Section 21 on that basis. Personally, I don't think that's likely: I reckon the six month period is here to stay. At best, they might taper it back down gradually but there was pressure to have a longer notice period before the pandemic so, now that everyone's "got used to it", they'll probably just treat it as a fait accompli and leave it alone.
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« Reply #2 on: April 08, 2021, 02:05:56 PM »

Well... their stated aim is to remove the Section 21 facility entirely.
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« Reply #3 on: April 08, 2021, 04:24:02 PM »

Well... their stated aim is to remove the Section 21 facility entirely.

As much as that might be their stated aim, I think, as far as the current administration is concerned, they'll consider it sufficient to have been seen to do something. Abolishing Section 21 would effectively abolish ASTs, and that would throw a big old spanner into the residential property market (both sales and rentals), whereas keeping the six month notice period - or maybe upping it to twelve over time, boils the frog more gently.
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