The coronavirus pandemic has presented many challenges for both landlords and tenants. In response to the crisis, new legislation has been passed that provides protections for tenants from eviction.
Tenancy agreement notice period
Under the current law, landlords must give tenants a six-month notice period before evicting them, unless the tenant agrees to a shorter notice period.
This notice period helps to ensure that tenants have time to find new housing and avoid being homeless during the pandemic. If your landlord is trying to evict you, you should try to resolve the situation informally first.
Is your landlord breaking the tenancy agreement?
If that is not possible, you can file a complaint with your local housing authority or take legal action. The laws surrounding evictions are complex, but there are resources available to help you understand your rights
If a landlord wants to evict their tenant, they must follow strict procedures depending on the type of tenancy agreement in place and terms. Most private or social tenants can only be evicted with an order from the court which will allow them access to the property which a landlord may only apply for once they have served a tenant with the relevant notice but this since expired.
Ending a rolling or periodic tenancy by force
Landlords are not allowed to use violence or the threat of it against their tenants in any circumstances. If they do, then that would be an illegal eviction and could lead to harassment charges.
Your rights as a tenant
As a tenant, it’s important to be aware of your rights and responsibilities when it comes to interacting with your landlord. If you are given notice to vacate the property, you must seek advice as soon as possible in order to determine the best course of action.
Depending on the situation, you may want to leave before the notice expires, speak to the landlord about a later date, or wait for possession proceedings.
Each option has its advantages and disadvantages, so it’s important to weigh each up before making a decision. In any case, it’s always best to err on the side of caution and seek professional advice before taking any action.
You should take legal advice, find a local solicitor who deals with this here:
People also asked:
Does a landlord have to renew a tenancy agreement?
A periodic tenancy is a tenancy that has no end date and runs on a weekly or monthly basis, set out in the original tenancy agreement. The terms of the original agreement continue to apply, even if they are not explicitly mentioned in the new agreement.
If the tenant wishes to leave, they must give written notice to the landlord, typically one month in advance.
Conversely, if the landlord wishes to end the tenancy, they must give written notice to the tenant, typically two months in advance. In either case, it is advisable to consult with a lawyer or other legal professional to ensure that all notices are properly served and that all applicable laws are followed.
How much notice does a landlord have to give if not renewing a lease UK?
In the United Kingdom, tenants who rent their homes on a periodic basis typically give their landlords one month’s notice when they plan to move out. This type of tenancy arrangement automatically goes into effect when the fixed term of the original lease expires and the tenant remains in the rental unit.
Given that tenants on a periodic tenancy usually have less security than those with a fixed-term lease, landlords typically must give them four weeks’ notice if they plan to raise the rent or make other changes to the terms of the tenancy agreement.
In some cases, tenants may be protected from eviction by law if their landlord does not give them proper notice. However, it is always best to check with an experienced solicitor to determine what your rights are as a tenant in the UK.
Can a landlord refuse a rolling contract?
It is worth noting that, in most cases, landlords are within their rights to refuse a rolling contract. This is because, by signing a tenancy renewal form, the tenant is essentially agreeing to extend their tenancy for another fixed term.
If the tenant then decides that they no longer want to extend their tenancy, the landlord is likely to be significantly out of pocket. For example, they may have missed out on the opportunity to rent the property to another tenant at a higher rate.
As such, it is understandable why landlords might be reluctant to agree to a rolling contract. However, it is also worth noting that there are some situations in which a landlord may be willing to agree to a rolling contract.
For instance, if the tenant has a good rental history and is up to date with their rent payments, the landlord may be more likely to agree to a rolling contract. Similarly, if the property is in high demand and there is a shortage of similar properties on the market, the landlord may also be more likely to agree to a rolling contract.
Tenancy Agreement rules
There are several different types of tenancy agreements in the UK, each with their own set of rules and regulations.
The most common type of tenancy is the assured shorthold tenancy, which gives the tenant the right to live in the property for a fixed term. At the end of the fixed term, the tenant can either move out or renew the tenancy for another fixed term.
If the tenant wishes to stay in the property on a more permanent basis, they can convert their tenancy into a statutory periodic tenancy. This type of tenancy does not have a fixed term and can continue indefinitely, although either the landlord or tenant can terminate it at any time by giving notice.
Another option is a contractual periodic tenancy, which is similar to a statutory periodic tenancy but with a few key differences. For instance, the landlord may be able to increase the rent more frequently and with less notice than they could under a statutory periodic tenancy.
Finally, it is worth mentioning that there are also several types of tenancy agreements that are not covered by the Housing Act 1988. These include holiday lets, residential care homes, and properties that are let by local authorities.
Check your tenancy agreement to see what type of tenancy you have, as this will determine what rules and regulations you are subject to. You should also check with your landlord or letting agent to see if there are any additional rules that apply to your tenancy.
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