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Original poster

Landlord Serving Notice Less Than 6 Weeks into 12 Month Lease

55 replies

SandyIrvine · 27/03/2022 09:08

Looking for advice for son so he can avoid this happening again.

DS needed to relocate quickly for work. Found a place he liked and got it by agreeing to 12 month lease and paying 6 months upfront (he asked letting agent what he needed to do to persuade landlord to choose him over others). Less than 6 weeks later landlord served him 2 months notice (needs house back because of relationship breakdown). He's not unsympathetic but needs to concentrate on job so can't be moving every 3 months. Buying not an option as he is likely to move again in 2 years.

He did ask letting agent about landlord and checked her out online. No issues but was clearly first time landlord.

Is this common? How can you assess your landlords circumstances/likelihood they will break contract? Should he only accept fixed term contacts with no breaks?

OP posts:
Gardengate45 · 27/03/2022 09:18

That’s odd. If he signed a 12 month lease then I’m confused as to how he’s been served notice to leave the premises within 2 months? Surely that’s illegal.

MojoMoon · 27/03/2022 09:32

He should take legal advice - that does not sound like it's legal at all. They are probably hoping that he is a nice chap and just says "oh ok" and takes on the all hassle and burden of moving.

The agency will never tell him this but evicting someone is actually very hard. He doesn't need to move straight away.

LIZS · 27/03/2022 09:33

If it is an AST the notice can only expire after 6 months minimum.

dubyalass · 27/03/2022 09:34

He needs to speak to Shelter. He mustn’t agree to leave until he’s had proper advice (and I don’t mean from the letting agent, they frequently have no idea). I would also be checking whether the deposit is in a proper scheme.

MojoMoon · 27/03/2022 09:35

Sounds like he has a fixed term contract

www.gov.uk/private-renting-tenancy-agreements/your-landlord-wants-to-end-your-tenancy

Your landlord can only ask you to leave during the fixed term if they have certain reasons (‘grounds’). For example, if:

you’re behind with your rent payments (‘in arrears’)
you’ve used the property for illegal purposes, like selling drugs
you’ve damaged the property

Break clauses
If there’s a break clause in the tenancy agreement, your landlord can give you notice after this. However, your landlord does not have a guaranteed right to possession during the first 6 months of the tenancy

TizerorFizz · 27/03/2022 09:57

I’m assuming the landlord needs to live in it after a relationship breakdown. However DS should stay put and negotiate after 6 months.

Spongebobfrillypants · 27/03/2022 09:58

Sounds like he's in the UK so he can contact the Local Authority he's in & they will advise him. Also Shelter as dubyalass has advised or Citizens Advice. Councils legally enforce standards in private rental properties & can also help with Landlord & Tenant law. He's most probably on an Assured shorthold tenancy as LIZS has said which means they can't serve notice before 4 months (notice is 2 months notice giving min of 6 months residency). Sounds like the Letting Agent & Landlord are clueless or trying to pull a fast one. Sorry but if the landlord needs a home immediately they will have to find alternative accommodation.

MzHz · 27/03/2022 10:15

From what I remember, the notice only becomes effective AFTER the fixed term period ends (ie in this case after 1 year - or if there’s a specific break clause)

Also… upfront money - was that paid as 6m upfront rent? Or 6m deposit (that’s in a rent deposit scheme)?

Original poster
SandyIrvine · 27/03/2022 10:34

Thanks everyone. He's in England (We're Scottish and haven't rented for 30+ years). I got him to check and she hasn't served him notice. Just sent him a really heart wrenching email asking him to go ASAP and telling him she will serve if he doesn't go.

OP posts:
TizerorFizz · 27/03/2022 10:37

Is she desperate to leave her partner? Sounds like it.

Original poster
SandyIrvine · 27/03/2022 10:44

6m upfront rent. He was in the running against some others including medical professionals so offered to pay upfront so they favoured him (his company actually paid).

OP posts:
Original poster
SandyIrvine · 27/03/2022 10:50

She has left and is in friends spare room with her dog. Son feels bad but doesn't want to grab at anything. Six months would give some time.

OP posts:
TreesoftheField · 27/03/2022 10:56

I'm sorry for her situation but that isn't your sons problem. As others have said, assuming he is on a 12 month assured shorthold tenancy, she's unable to serve no fault notice until 4 months into tenancy, that expires end of Month 6. Even then the property doesn't automatically become hers.
She can only seek to end the tenancy in fixed period if he is in serious breach and even then she'd have to prove her case in court.
Given she has received the rent upfront, perhaps she should consider assisting him to find another place so he can relinquish. But he is under no obligation whatsoever to leave.
If he does leave voluntarily, he would be seen as choosing to go.

BuanoKubiamVej · 27/03/2022 11:09

She's recieved his 6 months rent in advance and so she can just rent somewhere else until his legal right to live there for 6 monthe expires. She is welcome to start proceedings to evict him but that will take way more than 6 months. He should stay put but look for something else and move once the 6 months is up.

The only circumstance under which he might reasonably consider moving out earlier than 6 months is if she makes it worth his while financially and takes on some of the workload of finding an alternative place to rent, she pays for the cost of moving and stumps up the deposit for the new place, and sweetens the deal to make him at least £500 better off than if he just stayed put as he is legally entitled to.

johnd2 · 27/03/2022 11:12

For a normal tenancy notice can be served at any time but it can't expire before the next two rentals periods start and end, nor before the end of the fixed period, or the end of 6 months, also it would need to be in the correct format with the correct and accurate information.
It's reasonably common for notice to be served along with the tenancy agreement. Then a new agreement is made for the next stretch of time.

SpicePumpkin · 27/03/2022 11:13

I think your sons landlady needs to be reminded of the legalities of being a landlord. Thank god for tenants rights in this type of situation!

sueelleker · 27/03/2022 11:18

Being a first time landlord, it looks as if she hasn't actually looked into the legalities of renting out a property.

RealRaymondReddington · 27/03/2022 11:19

Really difficult, I think unfortunately that if it is a landlords only owned or rented property and they can prove intention to live in it then they can give a much shorter notice than normal and end tenancies earlier. It's one of those odd exemptions. This was certainly the case a few years ago, but may have bee updated.

Mumdiva99 · 27/03/2022 11:23

My friend is a landlady and trying to evict her tenants for unpayment of rent for the last year. Despite going to court and being told she can apply to the bailiff - they have now been to shelter and under some other clause have a other 2 months before she can progress this. There is no way she can get your son out at the moment. Heart wrenching as her case is he also needs somewhere to live. Plus there are moving costs. Plus she would need to give him his deposit back in advance so he can use it to secure another property etc etc....

BoristalkedaboutBruno22 · 27/03/2022 11:38

If the shoe was on the other foot then the tenant would pay surrender fees, paying agent fees and checkin costs etc. get the agent to confirm what compensation your DS will receive to help him pay for next place. It sucks but in your DS position I wouldn’t want to stay and would look at other options, not settling for something less quality though

SpicePumpkin · 27/03/2022 11:43

@RealRaymondReddington

Really difficult, I think unfortunately that if it is a landlords only owned or rented property and they can prove intention to live in it then they can give a much shorter notice than normal and end tenancies earlier. It's one of those odd exemptions. This was certainly the case a few years ago, but may have bee updated.
There is section 8 or section 21 that can be served to evict a tenant. Section 8 does not apply in this case as no rent has been missed. A section 21 takes 2 months for all applicable reasons and the tenant still does not need to leave at the end of it if they still haven't found suitable accommodation. It can't be done quicker because the landlord wants to move back into the house. A section 21 can only be served if there is rolling tenancy or with a break clause in a fixed term tenancy.
SpicePumpkin · 27/03/2022 11:44

OP you and your son need to read up on his rights on the shelter website.

Remind him, it is illegal to evict someone without following the proper legal route and submitting the correct notice.

https://england.shelter.org.uk/housingadvice/eviction/sectionn21eviction

Clymene · 27/03/2022 11:47

He will be on an AST so she'll have to evict him if she wants to break the terms of the contract:

https://england.shelter.org.uk/housingadvice/eviction/evictionnofassureddshorthold_tenants

She will have to serve him with a section 21. As others said she can use the rent he's paying her to rent somewhere for her.

lonelydad2022 · 27/03/2022 11:58

If the landlord serves him notice 2 weeks into the tenancy it would be illegal and he has nothing to worry about. Just ignore it. The earliest the landlord can serve him notice is four months into the tenancy giving him two months. The day in the notice expires, NOTHING HAPPENS. The notice only means that the landlord wants his property back. Your son doesn't have to leave or do anything. The landlord has to then take him to court to recover the property. That is a long process of several months and will probably extend beyond the 12 months of the initial contract. In summary, your son can stay on the property for 12 months or more before the landlord can evict him. He has to pay rent and the landlord has to comply with the maintenance of the property.

Viviennemary · 27/03/2022 12:02

I would say if the landlord accepted six months rent upfront then that is the contract and there can be no eviction until the six months is up. The landlord would need to refund the rent for the unused tenancy time as well as pay compensation if they wanted to end the tenancy early. .