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Original poster

Received notice to leave my rented property but the notice period doesn't reflect the new covid guidelines. What can I do?

30 replies

BitOfABugger · 08/09/2020 06:52

I posted in chat about this last week and got some good advice from others, including landlords, but I just want to clarify a few things with legal folk.

I've been a tenant in my current long let for around 15 years. It's an assured shorthold tenancy that has been on a rolling contract for most of the tenancy.

I received a letter dated 28th August giving me 2 months notice as per the original tenancy with effect from 1st Setember.

The tenancy isnt in my name, it's in my ex husband's and the LL didn't issue a new one when he moved out but I've been solely responsible for paying the rent etc since and have never missed/been late with a payment. All.correspondance is addressed to me alone. Just to clarify the situation.

According to LLs who responsed on here and Shelter, covid guidance said that between 26th March and 28th August, notice required was 3 months and from 29th August, 6 months and that this replaced any previous 2 months notice - whatever the tenancy agreement says.

I've also been advised that I'm not required to tell my LL of this and can just not leave at the end of the 2 months but I'm uncomfortable with this. Esp as they wish to sell and want to arrange estate agents visits for valuation and put the house on the market in 2 months time.

LL has asked to come round and do an inspection this coming weekend (always gives more than the stat 24 hrs notice and hasn't done a check in over 8 years). They also want me to provide a signed response to the letter stating that I have "read and understood" the contents.

The first thing is that I have plans and am away all of this weekend but the following weekend would be fine.

The second thing is, how enforceable is the 'guidance' seeing as it is 'non statutory'?

Is the law on my side in this?

I have any desire for things to become difficult but I would like to fully understand what my rights are in this. Thanks.

OP posts:
Original poster
BitOfABugger · 08/09/2020 06:53
  • I don't have any desire for things to become difficult.
OP posts:
CodenameVillanelle · 08/09/2020 07:07

I think you should respectfully write back pointing out the government guidelines and asking for new notice to be issued with the longer notice period.
I'm sorry you have to leave your home :(

Original poster
BitOfABugger · 08/09/2020 07:16

Thanks. I was gutted initially but the house is very old and dated and I'm trying to embrace it as a new chapter in our lives but we will undoubtedly have to downsize (rents are so expensive here!) and we have accumulated so much stuff!

I guess I just really want to know what the implications of the 'non statutory' aspect of the guidance is really. Can they refuse to reissue a longer notice period?

OP posts:
Original poster
BitOfABugger · 08/09/2020 07:18

Writing to them would make me feel more comfortable even though it would reduce the time I have by telling them now.

OP posts:
CodenameVillanelle · 08/09/2020 07:23

Why would it reduce the time you have?

rottiemum88 · 08/09/2020 07:24

even though it would reduce the time I have by telling them now

Why would this be the case? If they've already served you notice then any notice period would begin from the date of that letter, irrespective of whether it's the standard notice or extended notice

dontdisturbmenow · 08/09/2020 07:55

In essence, the notice doesn't really matter if your intention is to stay longer, all it means is they won't be able to start legal eviction.

You have accepted and embraced the situation, I am guessing what you need is more time to plan your move elsewhere.

Just be honest and explain this. The property might be on the market for some time anyway. Just say that you will start to look into moving but ultimately will move when you are able to do so and will keep inform of progress.

Come up with a reasonable arrangement in terms of visits, ie. Notice period, how often, during week days only or the opposite.

Original poster
BitOfABugger · 08/09/2020 08:08

I have been advised not to alert the LL until the 2 months is up but I'm not comfortable with that.

I've also been advised that a new notice period would effective from the new date it was issued rather than apply from 1st Sept because that notice was invalid.

OP posts:
Original poster
BitOfABugger · 08/09/2020 08:10

You have accepted and embraced the situation, I am guessing what you need is more time to plan your move elsewhere.

Yes. I've no desire to just not move but the more time I have to do so, legally, the better.

OP posts:
Palavah · 08/09/2020 08:16

When does it suit you to be looking for a new place? Eg you might not want to be moving over Christmas?

When you write to them re the new guidelines you could say that you are willing to leave earlier if you can find somewhere suitable - keeping things constructive.

CodenameVillanelle · 08/09/2020 09:02

I don't know why you wouldn't tell the landlords that you aren't able to leave after 2 months. You have the right to stay even without Covid rules and it's better to be up front with them about your plans.
My wording would be something like
"I acknowledge receipt of the notice served on x date. I will make plans to move out of the property as soon as reasonably possible.
It is unlikely that I will be ready to leave on x date. I will leave as soon as I am able to and I will serve you one month notice in writing when I have made arrangements"

CodenameVillanelle · 08/09/2020 09:03

Actually edit that - "it is unlikely that I will be able to leave on x date but I will endeavour to do so. If I am not able to leave on this date I will keep you informed and ensure that I give one month notice when I am ready to leave"

byvirtue · 08/09/2020 09:09

Why are you prolonging the inevitable? Yes you can have longer than 2 months under the law but do you need it? Are you going to enjoy living in your current home knowing you will have to leave anyway?

Spare a thought for you landlord they are human too, their financial situation could have been adversely impacted by Covid and that is why they need to sell.

Change is miserable but if you look now and find somewhere that suits why drag your feet just because you can?

GreenLeafTurnip · 08/09/2020 09:24

I have no legal advice but as a landlord myself if my tenants didn't tell me that they couldn't leave after 2 months and just stayed put they would not get a good reference from me when they eventually did leave. I would definitely be flexible with when they could leave though. With most things in life I think it's much better to be upfront and honest rather than trying to deceive someone.

CodenameVillanelle · 08/09/2020 10:01

@byvirtue

Why are you prolonging the inevitable? Yes you can have longer than 2 months under the law but do you need it? Are you going to enjoy living in your current home knowing you will have to leave anyway?

Spare a thought for you landlord they are human too, their financial situation could have been adversely impacted by Covid and that is why they need to sell.

Change is miserable but if you look now and find somewhere that suits why drag your feet just because you can?

I expect she'd like a bit of time to find the right place to move to without pressure.
Stripyhoglets1 · 08/09/2020 10:06

I would tell them the notice is incorrect and needs to be 6 months under covid changes. Then say you will move when you can but you cannot promise it will be within 2 months.
The govt have stopped notices ending for 6 months so LLs can't just sell up and take advantage of the stamp duty holiday raising property prices.

Original poster
BitOfABugger · 08/09/2020 10:52

I have no legal advice but as a landlord myself if my tenants didn't tell me that they couldn't leave after 2 months and just stayed put they would not get a good reference from me when they eventually did leave. I would definitely be flexible with when they could leave though. With most things in life I think it's much better to be upfront and honest rather than trying to deceive someone.

Thanks. Yes that's how I feel about it too. I found shelter to he helpful bit also tenant centred. This isn't someone with a huge portfolio. I dont want to be awkward and I made that very clear in my last thread.

I would just like enough time to actually move!

OP posts:
Original poster
BitOfABugger · 08/09/2020 10:59

I expect she'd like a bit of time to find the right place to move to without pressure.

Yes.

OP posts:
Lineofconcepcion · 08/09/2020 14:29

The notice is invalid and a new notice should be issued with six months notice, with time starting from the new notice, not the previous one. It is not guidance it is law.

As you have been in the property a long time I would presume you have a reasonable relationship with them. Tell them this weekend is inconvenient and make a fresh date for the following weekend. During that meeting just say by the way you should know the notice is invalid and you will need to serve a new notice to comply with the changes in the law because of covid. I'm actively looking though so hopefully will, find something suitable before the expiry of the new 6 month notice period. I'm sure they will appreciate your position. Most landlords, despite what many on here say, are understanding of the position of tenants. Frankly if your landlords aren't understanding that's their problem not yours, in that they should have brought themselves up to date with the current statutory law re ASTs, notice periods, and compliance with all other regs. That should buy you lots of time to find somewhere else.

Lineofconcepcion · 08/09/2020 14:36

@rottiemum88

even though it would reduce the time I have by telling them now

Why would this be the case? If they've already served you notice then any notice period would begin from the date of that letter, irrespective of whether it's the standard notice or extended notice

Absolutely not. If a notice is invalid a new valid notice must be served and time starts running from the new valid notice. If the tenant doesn't advise the landlord the notice is invalid, and why should they, the tenant will have two months, then when the landlord discovers the notice was invalid, and serves a new one, they will have had two months, plus the six months of the new valid notice so at least eight months.
Original poster
BitOfABugger · 08/09/2020 17:06

Lineofconcepcion

Thank you, yes that is what I have been advised previously.

It is not guidance it is law. the document I read was titled 'non statutory guidance...' that's why I'm.uncertain.

Yes, we have a reasonable relationship - no issues anyway - we leave each other to get on with things. They've not done an inspection in over 8 years and, if any repairs need doing, I let them know and then arrange it with whoever myself.

OP posts:
Tootletum · 08/09/2020 17:12

Please don't make them go down a legal route if you don't have to, just because you can doesn't make it right. I'm sure they will come to an arrangement regarding date and you may find a new place fairly quickly anyway. The housing market seems so utterly broken.

CodenameVillanelle · 08/09/2020 17:15

@Tootletum

Please don't make them go down a legal route if you don't have to, just because you can doesn't make it right. I'm sure they will come to an arrangement regarding date and you may find a new place fairly quickly anyway. The housing market seems so utterly broken.
She's not proposing to get them to evict her. She will be gone long before they would even be legally allowed to commence proceedings.
Lineofconcepcion · 08/09/2020 17:22

It is statutory law. The Housing Act 1988 as amended by the Coronavirus Act 2020.