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End of tenancy at end of July?

16 replies

WanderingLost167 · 28/04/2020 09:13

Have tried to work out what my position could be if I have to move out by then, but may have been unable to view and secure another property as I assume no one is in the mood to move. Ideally I'd be attempting to buy a property to move into but how do I do this with lockdown?

I'm a bit stuffed aren't I?

OP posts:
Toomboom · 28/04/2020 09:18

Have you been given notice to move? If not you just stay where you are and extend the contract or go onto a rolling contract.

For the landlord to give notice they have to issue a section 21 and give you two months notice.

YappityYapYap · 28/04/2020 09:21

I would ask if you can go onto a monthly rolling contract once your tenancy is up in July so that you can give 1 month's notice at any time once you secure a property to move into. It's unlikely that your landlord will have a wrath of people queuing to move in given the situation right now so may welcome a month to month contract from a reliable tenant like you

TheHonestTruth100 · 28/04/2020 09:27

If you have a fixed term contract and don't sign a new one it automatically converts to a one month rolling contract. It means either you or your landlord can give notice at any point for either of you to leave though so bare that in mind. The landlord might also push for you to sign a new contract instead because they're worried about their tenant leaving in these circumstances. It's worth discussing with your landlord. Hopefully they agree to leave it and let it convert to a rolling one. I have hope your landlord has some understanding. I don't think you will be stuffed at all x

england.shelter.org.uk/housing_advice/private_renting/renewing_your_private_tenancy

Stellaris22 · 28/04/2020 09:32

When we renewed our tenancy last year we added a breach clause that stated we can give one months notice as we are also looking for a permanent place to live (on hold obviously). Worth discussing if your landlord is open to discussion.

CuriousaboutSamphire · 28/04/2020 09:44

Most landlords I work with are letting their fixed contracts go to rolling when they end, at the moment. They all know the situation and are trying to be as helpful as possible. It's in their best interests too.

Talk to yours and say that you would like to go month to month, see what they say.

As for viewings... letting agents tend to have stayed working throughout, to prevent people becoming homeless. Estate agents have been more likely to close or to go to video, provided by the home owner. So you could 'view' some houses.

zozozoe · 28/04/2020 10:27

Don’t go onto a rolling contract without thinking it through.

You’ll have far less security.

Stellaris22 · 28/04/2020 10:30

I would agree with this, there is little security with a rolling contract.

With ours we added something along the lines of 'after 6 months tenants can provide one month notice prior to the end of the tenancy'. There's more to it than that.

WanderingLost167 · 28/04/2020 11:11

They sent me the form to give me notice, the owners are overseas and returning. I doubt there will be much flexibility in that case.

OP posts:
CuriousaboutSamphire · 28/04/2020 11:26

How much notice where you given?

Remember the government extended the minimum to 3 months during lockdown.

I'll have a look through the trade publications, see what I can find that might help.

WanderingLost167 · 28/04/2020 11:38

3 months.

I'll just have to attempt to buy a house without seeing it

OP posts:
mencken · 28/04/2020 11:50

England? You don't have to leave if you have been given notice. You don't have to leave until the bailiffs come.

owners will just have to wait.

I'm a landlord. Lots of the usual horseshit been said in the above posts. Read your how to rent guide.

Cinderella66 · 28/04/2020 11:57

Under s55 of the civil procedure rules there is a moratorium on orders and warrants for possession. Even with your landlord giving notice, there is nothing they can do if you do not move out at the end of the notice period. This currently applies for 3 months from the end of March. So possession proceedings cannot commence until July at the earliest and it is likely that period may be extended. Proceedings take at least 2 months to bring to court and after the moratorium is lifted I suspect the courts will have a huge backlog causing even more delay, so you have at least until August/September.
A number of agents in my area are doing video viewings and there are other rentals on the market in any case so things aren't as dire as all that.
I advise a conversation with the landlord, not the agent, to explain the difficulties and that once lockdown ends you will start looking. Most landlords are being very helpful towards tenants hopefully yours will appreciate your position.

Cinderella66 · 28/04/2020 11:58

Also if you are within the fixed period the notice is invalid.

CuriousaboutSamphire · 28/04/2020 12:03

That ^^ from Cinderella.

If you cannot, or don't want to move... and I wouldn't buy sight unseen, that's madness... stay put until you can view property.

BUT do remember that you have to be careful as they can still get a court hearing when the moratorium is over, which would negatively impact your credit rating.

Your best bet is to communicate with them, get the blindingly obvious in writing. That way, no matter what legal action they eventually take, you will have been seen to be reasonable.

Contact a solicitor who specialises in housing, get some good legal advice and see what your specific options are.

Good luck

zozozoe · 28/04/2020 12:35

It’s also a bit tricky giving notice on a rolling contract as you have to do it at a specific point in the month.

mencken · 28/04/2020 14:29

you can send the paperwork when you like (both sides) but the notice itself has to start at the right time.

as those who aren't talking horseshit have mentioned, not happening due to the pandemic. The landlords will have to find somewhere to rent themselves.

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