to think two months notice is a bit shit?

[Miren]

Just heard from a friend that her landlord has given her two months notice to vacate the property she has been renting for the last 5 years. It's come completely out of the blue, and she is so upset. She has 3 children, all in the local school, so, unless she moves schools, she has to find - a scarce - rental in the area, pack up and move, in 8 weeks. She took on the property on the understanding that it was long term enough to see the kids through first school. So sad for her.

Unfortunately 2 months notice is the standard. Does she have the tenancy agreement and the notice period will be on there.

DH is a housing lawyer, he says go down to CAB and check that your friend's S.21 notice is valid ( often they aren't) and go from there.

Yep - she knows it's pretty standard. After 5 years and a good relationship with her landlord I guess she expected a bit more. She's not even had an explanation

Sounds standard, 2 months.

Circumstances change and the landlord may need to sell/move in himself. It's the risk of renting I suppose.

This happened to us (Pre kids thankfully). It was the real kick up the bum for me to save to try and buy somewhere as I never really felt settled in rental accommodation after that.

Expected a bit more? Why?

Fifilosttheplot - thank you. What's an S21 notice?

After the 2 months, the LL needs to apply to court, they will then get possession and then have to apply for a bailiffs appt. it will be much longer than 2 months.

S21 is the 2 months notice, I'm assuming she has been served with a Notice?

If you think that's shit, try being a LL and not knowing if at the end of a tendency the tenants will be staying on with a rolling contract or leaving, they don't have to tell you either way.

Then, if they are on a rolling contract, they only need give 1 months notice!

This is why my preference is for 3 year tenancies.

She could get acouncil house now though

section 21 of the Housing Act, landlord has to serve a valid notice of eviction. Quite often, they think they have served a valid notice but they have to be very specific and absolutely bang on correct, your Citizens Advice Bureau should be able to spot any errors which invalidate the eviction

All though it is not good for your friend 2 months is a lot of time. The LL wouldn't serve notice on a good tenant of 5 years without a very good reason.

I hope she finds something ASAP, but I would go to the council/la and ask for help also.

It's rubbish but thought once your through your tie in period they only have it give you two months notice. You don't know landlords situation, things change

I bet two months notice wouldn't seem so unreasonable if your friend had to give notice for any reason? How annoyed would she be to find out her LL had 'invalidated her resignation' and forced her to stay on and pay the rent.

She has had a notice (just asked) and is going to see about CAB on Monday - so thank you for that advice.

The LL wouldn't serve notice on a good tenant of 5 years without a very good reason.

That's the thing - there is no reason. Her reant is up to date, the house is immaculate, she has a good relationship with her neighbours (they are all friends). It's completely out of the blue.

Maybe they are selling? Moving back in themselves?

He might have a good reason though OP. He may want to sell, he may have family who want to move in etc. Lots of reasons why he may want to sell.

Am I understanding this right... she doesn't actually hace to leave at the end of the notice period? The landlords have to go to court first, or do I have this wrong?

but the LANDLORD may have reason that he needs them out. He may need the house for a relative, or need to sell it, or his marriage has fallen apart and he needs somewhere. It's crap for your friend but not illegal and as others have said, the downside of renting.

If the s.21 notice is all in order and correct then yes she has to leave and it won't be difficult to get a court order for her to do so if it is valid. But, they have to be so specific and every i dotted and t crossed that they can offend be invalid. As I said before CAB should be able to spot any holes and buy her some time

In theory yes, she could stay and get evicted via court but it is an extremely unfair thing to do to the landlord. You know the situation when you rent, you don't own the property and the landlord is well within their rights to give the notice stated on the contract.

Thank you fifilosttheplot - will pass on to her.

She doesn't have to no, but the landlord will simply go to court and gain possession anyway.

I would imagine there is a "reason" at the landlords end, wants to sell the property etc.

It is shit for your friend but it is the downside of renting. It's a business essentially so good relationship or not, the 2 months notice is standard.

The idea that everyone who finds themselves homeless is immediately granted a council house is from another long forgotten era. It's not true; altho your friend is likely to get extra points for having children.

Practically, going to CAB is the best course of action, along with getting on council's waiting list.