How much notice do I need to give my tenant to vacate?
Since COVID 19 this is no longer a question easily answered and with the backlog at the courts it is more important than ever that Landlord's get it right.
Since COVID 19 this is no longer a question easily answered and with the backlog at the courts it is more important than ever that Landlord's get it right.
There has been such a significant change in legislation over the last few months that landlords and agents could be entirely forgiven for being completely confused as to how much notice is or was required at any given time. The notice period length not only varies depending on the grounds of possession relied upon but also the date of service.
To help landlords and agent's get it right our specialist possession team at Woodstock have put together this handy table.
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Let's start with section 8 notices
And section 21 notices
Resolution outside the courts
It is more important than ever that landlords use the new often longer notice periods to engage with their tenants and see if a resolution other than court proceedings can be achieved. Not only is this beneficial for both parties but if proceedings are issued the courts will expect the parties to explore settlement. Landlord's are also expected to provide the court with information on the impact of COVID 19 on their tenant and any dependants if the matter proceeds to court.
No room for error
Finally, whilst getting the notice period right is essential (and don't forget to allow for proper service) the accurate drafting of the notices is key. It is clear that the Government are doing their best to prevent a homelessness crisis and the courts, whilst no doubt sympathetic to the plight of landlords (to varying degrees), will not want to make an order for possession against an individual impacted by COVID 19 so are likely to offer very little leeway for errors in drafting.
If you need to serve notice then we strongly recommend that you obtain legal advice and if you have already served notice then get that notice checked well in advance of the date it expires. There would be nothing worse than waiting weeks or months for your notice to expire and finally your date at court to then realise the notice served was invalid and you need to start all over again.
Our team have helped hundreds of landlords serve valid notices for possession during the pandemic and are always happy to answer your questions whether it's on serving notice or helping you to seek a amicable resolution with your tenant.
This legal information has been provided by the Woodstock Property Law website
