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Hi - can any expert legal beagles help me?
I have rented a property since 2010 from my family. I signed an AST where ‘the term of the agreement is a periodic tenancy commencing 12:00 noon on 1 April 2010 and continuing on a year to year basis until the landlord or the tenant terminates the tenancy’. My understanding when I signed this, was that it was super generous as I’d essentially receive a years notice if the family wanted to sell the property.
I have now received a notice to quit from their solicitors giving me two months notice.
Shelter have advised me that I should have received six months notice.
I note some Chambers in London who specialise in tenancy law state that for a year to year tenancy, the minimum notice is half a year.
The information informing this thinking is that ‘Where the contractual period of the tenancy is longer than two months, the section 21 notice period must be for at least a full period of the tenancy. It may specify any date on or after the earliest day a notice to quit could take effect. So this would be 6 months for a yearly tenancy, and the case law this would apply is s.21(4)(b) Housing Act 1988; Parker d.Walker v Constable (1769) 3 Wils. K.B. 2
I would be happy with that; my son is about to take his GCSE’s and I don’t want him worrying about anything other than doing his very best. It would also give me the time I would need to save a deposit for a home of our own.
As a note, the landlords did not carry out any gas safety checks from 2010 when my tenancy started. I have had to carry out repairs at my own expense throughout.
After the Covid pandemic, they got in touch in August 2021 and asked me to purchase the property. I was not in a position to do so at that time as I’d been very poorly in 2019 and after receiving the all clear a month prior to the pandemic, had to shield for just short of two years.
They did suggest a GSC but their gas engineer acquired Covid and it was meant to be rescheduled but I was unable to fix up a date due to my schedule where I would be out of the house at 6am, not returning until late. At other times, I’ve not been around, working abroad and unable to arrange mutually agreeable dates.
There is not a current GSC on the property.
Please can anyone here advise about the notice period as it applies to my year to year tenancy and whether this will make their S21 application void?
I have rented a property since 2010 from my family. I signed an AST where ‘the term of the agreement is a periodic tenancy commencing 12:00 noon on 1 April 2010 and continuing on a year to year basis until the landlord or the tenant terminates the tenancy’. My understanding when I signed this, was that it was super generous as I’d essentially receive a years notice if the family wanted to sell the property.
I have now received a notice to quit from their solicitors giving me two months notice.
Shelter have advised me that I should have received six months notice.
I note some Chambers in London who specialise in tenancy law state that for a year to year tenancy, the minimum notice is half a year.
The information informing this thinking is that ‘Where the contractual period of the tenancy is longer than two months, the section 21 notice period must be for at least a full period of the tenancy. It may specify any date on or after the earliest day a notice to quit could take effect. So this would be 6 months for a yearly tenancy, and the case law this would apply is s.21(4)(b) Housing Act 1988; Parker d.Walker v Constable (1769) 3 Wils. K.B. 2
I would be happy with that; my son is about to take his GCSE’s and I don’t want him worrying about anything other than doing his very best. It would also give me the time I would need to save a deposit for a home of our own.
As a note, the landlords did not carry out any gas safety checks from 2010 when my tenancy started. I have had to carry out repairs at my own expense throughout.
After the Covid pandemic, they got in touch in August 2021 and asked me to purchase the property. I was not in a position to do so at that time as I’d been very poorly in 2019 and after receiving the all clear a month prior to the pandemic, had to shield for just short of two years.
They did suggest a GSC but their gas engineer acquired Covid and it was meant to be rescheduled but I was unable to fix up a date due to my schedule where I would be out of the house at 6am, not returning until late. At other times, I’ve not been around, working abroad and unable to arrange mutually agreeable dates.
There is not a current GSC on the property.
Please can anyone here advise about the notice period as it applies to my year to year tenancy and whether this will make their S21 application void?
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