Tenants rights

[davewebbsbrain]

Bit of help needed from the legal eagles amongst us. My Brother-in-law and family have just been told by their landlord that they have to get out in 8 weeks. They are looking at their contract as it's yearly to see when the year is up but is there any legal period of notice a landlord has to give to their tenant?

 

[mrsblue]

Bit of help needed from the legal eagles amongst us. My Brother-in-law and family have just been told by their landlord that they have to get out in 8 weeks. They are looking at their contract as it's yearly to see when the year is up but is there any legal period of notice a landlord has to give to their tenant?

Only advice I can give is tell them to go visit CAB,8 weeks though sounds about right.

 

[banjo saviola]

Depends on what is in the contract but it was 8 weeks notice by either party when I was renting last year.

 

[Yorkshire Blue]

Assuming it was an Assured Shorthold Tenancy and the original term will have expired, the landlord is required to give at least 2 months' notice under the Housing Act.

Why do you ask? What are you trying to achieve? If your brother-in-law needs longer to move out, regardless of your legal rights, the best way to do this is to go to the landlord and propose a different date to move out. It's easier and cheaper for everyone.

 

[davewebbsbrain]

Assuming it was an Assured Shorthold Tenancy and the original term will have expired, the landlord is required to give at least 2 months' notice under the Housing Act.

Why do you ask? What are you trying to achieve? If your brother-in-law needs longer to move out, regardless of your legal rights, the best way to do this is to go to the landlord and propose a different date to move out. It's easier and cheaper for everyone.

They sign a contract yearly and have been in the property about 6 years. They are in a bit of a state as having 2 kids it's been a bit of a shock. The owner owns quite a few properties and sounds like he's kicking everyone out of all of them. I'll suggest they go to the letting agent and ask for more time but i get the impression the property has been sold, though no for sale boards went up.

 

[Pubey]

It depends on the contract. They should get someone to take a look, and it's a shame if they've been wrong-footed and weren't expecting it, but these things happen and it's the risk of renting.

 

[DTS]

I can kick any of my tenants out with 2 months notice and this seems to be fairly standard.

 

[Big_Nath]

Depending on the contract itself but as a general rule, once the contract is rolling or just before if notice is given, then landlords would have to give a minimum of 2 months (8 weeks) notice where as the tenant would need to give only a month (4 weeks).

Personally I would check if the property has been sold. It may have been bought by another invetor who may want tentants? You never know.

 

[OldBlueLady]

So many landlords are cashing in their properties at the moment because of the property price increase. As Nath says above, worth checking to see if there is a likelihood of another investor buying it. In some cases agents might sell a property with a sitting tenant particularly if they have been a very good and reliable one.

 

[prawntobewild]

I did a brief search & there was some info on the Money Saving Experts site - 2 months seems to be the minimum but there are other circumstances.
If I were in a mischevious mood I would suggest you ask Barney as he has a bit of "previous" in these matters- might be the most useful thing he's done since January.
Seriously - sorry to hear about this - hope your relatives get sorted out ok .

 

[LCBB]

I can kick any of my tenants out with 2 months notice and this seems to be fairly standard.

May your nuts turn square and fester in the corners , for being so smug .

 

[davewebbsbrain]

Thanks for all your help. Answers were what I suspected. I think it's more a case that they haven't checked their agreement and were of the thinking they would be able to rent forever. If it was me, I'd brace myself for termination of contract each year 8 week before renewal and if you get another year, yo've had a result. I'll get them to check with the agent if it's being sold for renting again and get them on the Money Saving Expert site as well as going to CAB

 

[Yorkshire Blue]

Their first priority needs to be to establish how long it will realistically take them to find and move to another house. They then need to speak to the landlord.

Find out what the landlord is trying to do, what his timeline is, any deadlines he's got and see if these are compatible with your brother-in-law's position re moving. These things are rarely a matter of knowing your legal rights and instead are far more about knowing your commercial position. If your brother-in-law needs another month he needs to ask for another month and see what the landlord says.

CABs are generally swamped. Don't add to their workload unnecessarily. If they do go make sure they take copies of all relevant documentation - all notices served, a copy of the tenancy agreement etc, but I'm not sure what the CAB is going to tell them that you haven't been told on this thread. Even if the notice the landlord has served is defective for some reason, it will only delay the inevitable.

One final thing is to check whether their deposit is protected in a statutory scheme. https://www.gov.uk/tenancy-deposit-protection/overview. This may be useful in providing additional leverage against the landlord if it isn't protected.

 

[DTS]

So many landlords are cashing in their properties at the moment because of the property price increase. As Nath says above, worth checking to see if there is a likelihood of another investor buying it. In some cases agents might sell a property with a sitting tenant particularly if they have been a very good and reliable one.

Only the amateurs are getting out now in my humble opinion.

 

[DTS]

Thanks for all your help. Answers were what I suspected. I think it's more a case that they haven't checked their agreement and were of the thinking they would be able to rent forever. If it was me, I'd brace myself for termination of contract each year 8 week before renewal and if you get another year, yo've had a result. I'll get them to check with the agent if it's being sold for renting again and get them on the Money Saving Expert site as well as going to CAB

Cant see what they are going to go to the CAB about? Any decent landlord puts a contract in place any decent contract says you can remove someone with two months notice. Unfairly in my opinion a tenant can normally give one months notice. It would have to be a pretty stupid landlord that would sign a contract to say someone can let for an indefinite period and if the landlord has a mortgage his mortgage company would not want him to let for a period of more than a year to an individual or two years if its a corporate client.

At the end of the day the landlords house is an asset and if he chooses to cash in on that asset as long as he gives you the required timescales there is nothing you can do.

 

[davewebbsbrain]

Cant see what they are going to go to the CAB about? Any decent landlord puts a contract in place any decent contract says you can remove someone with two months notice. Unfairly in my opinion a tenant can normally give one months notice. It would have to be a pretty stupid landlord that would sign a contract to say someone can let for an indefinite period and if the landlord has a mortgage his mortgage company would not want him to let for a period of more than a year to an individual or two years if its a corporate client.

At the end of the day the landlords house is an asset and if he chooses to cash in on that asset as long as he gives you the required timescales there is nothing you can do.

It's a yearly rolling contract. The sing once a year and get to stay another year. Been in the place about 6 years. I think if they get advice from CAB rather than the next man with his dog, they get the full and concise answer. Im of the opinion that if it was me, I'd know the details in the contract and be prepared each year when the contract is due for renewal

 

[londonblue]

Only the amateurs are getting out now in my humble opinion.

That depends on how many properties you own. If you own a whole load, there's no harm in selling off couple at a premium if you think you can carry on renting the others and buy replacements in, say, a couple of years at a much cheaper price.

 

[DTS]

That depends on how many properties you own. If you own a whole load, there's no harm in selling off couple at a premium if you think you can carry on renting the others and buy replacements in, say, a couple of years at a much cheaper price.

I can tell you from experience people that own serious amounts of property don't sell. They simply refinance and buy again.

 

[londonblue]

I can tell you from experience people that own serious amounts of property don't sell. They simply refinance and buy again.

Agreed, but that isn't the only option. I know, for example, that my father-law-before he died was always buying and selling a proportion of his properties, but keeping a core.

However, his were commercial properties so there may have been a difference...

 

[Hotman]

I can tell you from experience people that own serious amounts of property don't sell. They simply refinance and buy again.

That's the old Inside Track model... not my bag. I'm jumping out of the market completely now, for a couple of years.