Mog

I have some friends who have been renting for the last 5 years with no agreement (after the initial peroid ran out), they always pay 6 months rent in advance. Tonight the landlord caught them on the hop and served a notice on them to leave in 2 months (1 month after the next 6 months rent is due) unfortunatly they signed it in a state of shock and now regret this does any one know their rights.

Mog

superscoobx

they have to go, 2 months is fair tbh, have they paid any rent in advance, if they have the landlord will obv have to refund this.

Citizens advice is thier best bet, have a look at old contract, there still working within that so the notice period is the same.

DCI Gene Hunt

You say 1 month in to where the next six month rent payment was due, however if they didn't pay this they were outside of the agreement so:

If the landlord has served a Section 21 Possession Notice on them he must also give a minimum of two months' notice, then they must move out....

If they were in contract (had paid) then it's trickier for him.... but I dont think they are.

DCI

Mog

The next 6 months rent is due on the 20th feb, the landlord has told them to quit on the 20th march if that makes it clearer.

Mog

DCI Gene Hunt

How long have they been renting? have they passed their initial rental period? if they have the following would apply to them.

This notice applies to a statutory periodic tenancy which is a tenancy that automatically continues after the expiry of a fixed term Assured Short hold Tenancy.

Notice served after expiry of fixed term (Housing Act 1988) Section 21(4)(a)

If the rent is paid 6 monthly, then the period of the tenancy is 6 months. The periodic tenancy begins immediately after the fixed term expires. For example, if the period of the tenancy is monthly and if the first day of the current period is 6th May then the last day of that period would be the 5th June and so a notice served during the current period would need to be completed so as to expire on the last day of a period after a further two months (i.e. 5th August). Therefore in this scenario you wouldn't have to vacate until 20th April.

Luminous

iTrader: (3)

The initial period ran out many moons ago, therefore they are on a periodic tenancy. The landlord must give two full periods notice as a minimum. Period 1 is Jan 20 - Feb 19th, period 2 Feb 20 - March 19th.

He has given an extra few days before the Jan 20th cut off, and also one day extra at the end. They have to go, it is not their house.

They could however ask the landlord why he wants them to go. They may be in a position where they could buy the house. IF the landlord is wanting to sell then then they are in a strong position. They are already in the house, the landlord does not have to mess around with agents etc, and the landlord does not have to suffer any voids while he sells. They may be able to get a good deal.

DCI Gene Hunt

But they pay 6 months in advance, so the rental period is six months not one month. Therefore they are secure until the 20 Feb, at which point he can issue the paper.

fast bloke

I think Luminous is correct DCI. the periodic tenancy is usually considered to be monthly. I would try and find out why he wants them out anyway.

Account deleted by request

Agree with FB and luminous. The landlords dates are not quite right but apart from that he is

chop