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Giving Notice

February 21, 2021

“How do I give notice to my tenants in a fair and even-handed way?”

That’s a question I often get asked and it’s become more complicated during the pandemic.

If you don’t follow the letter of the law, there is a clear danger that you may be accused of harassing or misleading tenants. It’s in everyone’s interests that you get this right – so always double check that you are fully compliant.

Under current rules, the Government has extended the application of the six-month period for eviction notices until at least May 31st, 3021.

This means landlords must continue to give six months’ notice before repossessing properties, unless there are specific circumstances.

These include:

  • Anti-social behaviour
  • Domestic abuse
  • More than six months’ accumulated rent arrears
  • False statements provided by the tenant
  • Breach of immigration rules under the Right to Rent policy.

If you are experiencing any of these problems, please contact me or another lettings agent for further advice.

Meanwhile, if you want to go ahead with the notice, it’s vital that you follow the correct procedure that complies with the type of tenancy agreements and its terms.

With assured shorthold tenancies, you can take back your property without giving reasons.

There are specific legal processes in place, involving the serving of a Section 21 or Section 8 notice.

To be able to do so, you must have:

  • Protected your tenants’ deposit in a recognised protection scheme
  • Ensured that you don’t service notice before at least four months have expired of original fixed term.

The law is being updated regularly as we hopefully come out of the pandemic – please get in touch and see the Government website for latest updates: Evicting tenants (England and Wales): Section 21 and Section 8 notices – GOV.UK (www.gov.uk)

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