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

[BitOfABugger]

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.

@GreenLeafTurnip

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.

This would be petty - it's not the tenant's fault that you didn't keep abreast of your responsibilities as a landlord. How would you even know the tenants were aware?

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.

Quite. I'm not digging my heels in and refusing to go but, at the same time, they haven't given me the legal notice period.

They are the only ones who have acted outside of the law in any sense.

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

Thank you!!

I'll read up on it now.

According to the government documents, if a landlord is not seeking to evict a tenant for anti-social behaviour, serious rent arrears, or where the tenant has noright to rent, there is now a requirement to give a minimum of six months’ notice

So thank you.

I will continue looking for somewhere else but this is good to know.