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Periodic Tenancy

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Author Topic: Periodic Tenancy  (Read 51 times)
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« on: November 06, 2020, 10:03:06 AM »

Hi All
Just a question I have been asked
A 68 year old widow who owns 2 houses next door to each other, she has sold the one she lives in a very large house 6 beds as her husband has died to the smaller house next door 4 beds which is let to tenants. on a periodic tenancy.
She wants to move into the smaller house but tenant has said she has a right to 6 months notice

The tenant is not in arrears and has always paid the rent on time.

I know that since COVID notice is now 6 months but is that just for tenants with arrears.

I have read somewhere that when a landlord wants her property back to live in as she has sold the one she is living in its 2 month notice am I correct?
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« Reply #1 on: November 06, 2020, 11:45:38 AM »

I know that since COVID notice is now 6 months but is that just for tenants with arrears.

I have read somewhere that when a landlord wants her property back to live in as she has sold the one she is living in its 2 month notice am I correct?

The six month notice period is for all Section 21 "no fault" evictions, which, in the absence of grounds for a Section 8 (see below) is what you'd be looking at here. Being able to serve a valid Section 21 notice is also dependent upon having complied with various legal obligations as a landlord.

A Section 8 eviction has a shorter notice period but there must be grounds for the eviction - https://www.propertyinvestmentproject.co.uk/blog/section-8-evicting-tenants/

You were probably reading about a Section 8 eviction on the basis of Ground 1. As you can see, it's not straightforward: the tenant really needs to have been forewarned of this possibility at the start of the tenancy and, even then, it's up to the judge to decide what's in the interest of both parties.
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« Reply #2 on: November 06, 2020, 12:40:46 PM »

Stick with the 6 months (or longer) approach. If that causes timing issues with the sale, and move, then some grease may need to be applied to the wheels. It doesn't sound like the Tenant is happy to just go... and why would that be expected? Bonus payments for all that time of paying rent on time sounds pragmatic.
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