Changes to the Renters’ Act

[MrsSchadenfreude]

DD2 is renting a flat and the changes to the renters act now mean that she and her flatmate have to give two months’ notice. She hadn’t realised that this would affect her. Her original tenancy was due to end on 2 July. She told them on 5 May that they did not want to renew the tenancy and would be leaving on this date as per the original agreement.

The agents have come back and pointed out that under the new law, she should have told them on 2 May that they would not be renewing, and that they are liable for rent until 2 August. They will only let them leave early if they find new tenants. DD1 said that the agents had not informed them of this, and the agents replied that they had until 31 May to inform tenants of the changes to the law.

Is there any leeway or any grace period for those with old tenancy agreements, who have been “caught” by the new law? Or does she need to suck it up?

There's no leeway/grace period. She'll need to suck it up and give two months notice.

Sadly not. It is the law and the landlord is technically correct.

There’s so many people looking for rentals tho, hopefully they’ll find someone.

Thank you - that’s what I thought. Hopefully they can find someone to take over the flat.

If she told them on the 5th May, then 2 months from then is 5th July…? I don’t see the problem

What type of tenancy does she have? If it is fixed term the agent is right. If it is an AST she can give notice at any time and her notice on the 5th of May would allow her to leave on 5 July.

Fixed terms were abolished May 1st. Tenant needs to give 2 months notice unless the tenancy states a different notice period

That's a hidden consequence of the new rules.

She could ask around for new tenants herself too. Friends who've visited perhaps?

Direct them to the managing agent/landlord.

I think - could be wrong - that even though it's now a rolling periodic tenancy, once you've started a new rental period you're committed to it. The two months' notice to quit applies from the start of the next period, rather than the actual date it's submitted.

So in this case, a two month notice to quit submitted on the 5th of May would apply from the start of the next rental period on June 3rd, meaning the tenancy would end on August 2nd.

It'd be interesting to see it tested in court. A tenant in this scenario might argue that it's the landlord's responsibility to inform them of the changes (as per the May 31st deadline), and that it would have been reasonable to have done so with enough time to give notice to end the tenancy as previously planned. In effect they've 'trapped' them for an extra month.

Obviously not worth the hassle and messing up their references etc here, but surely a pedant with the time and money will have a go 😂

It is the landlords responsibility to inform the tenant of the changes, it was a one pager PDF. The agent can’t do it. I know this as I had to do it. So the landlord / agent has messed up.