How much notice do I need to give?

[heisenberg]

Dear all,

I have an assured shorthold tenancy. The current tenancy agreement ends on 10th July 2021, however, it has recently been renewed for another 2 years.

My landlord has recently informed me that he is selling up, though he is going to initially try to sell the property with me in situ (only for 6 months I'm told). Needless to say, this is very unsettling for me.

To make matters worse, I am currently surviving on state benefits, and suspect that I have an uphill battle trying to find a landlord who is willing to accept me as a tenant.

If I do find a suitable place, and a landlord who is willing to accept me as a tenant, how much notice do I need to give before the end of my current tenancy agreement (10th July 2021)? The current tenancy agreement states as follows:

"The Tenant may give the Landlord at least two months’ written notice not to take effect until after the end of the first four months of the Tenancy and not to expire any earlier than the end of the first six months of the Tenancy or thereafter, of his intention to leave the Property by serving written notice upon the Landlord in accordance with Schedule 3, Clause 5. On the expiry of this notice the Agreement shall cease except that either the Landlord or the Tenant can pursue their legal remedies against the other for any breach of any pre-existing rights under the Agreement apart from the pre-existing right to a Fixed Term Contract which is subject to this Break Clause."

Sincere thanks.

[Celestine]

I read that as having to give two months written notice based on the tenancy ending on 10/7/21 (That's today !)

However, given that you had a new agreement extending till two years from 'recently I'm assuming you'll have longer than till 10th July, so I suppose if you find a property to rent, you just need to give two months notice.

On the issue of renting while on benefits, the discrimination problem has been addressed recently in court, thanks to Shelter.org Help us end housing benefit discrimination for good | Campaigns - Shelter England



Good Luck! X

[heisenberg]

I read that as having to give two months written notice based on the tenancy ending on 10/7/21 (That's today !)

However, given that you had a new agreement extending till two years from 'recently I'm assuming you'll have longer than till 10th July, so I suppose if you find a property to rent, you just need to give two months notice.

On the issue of renting while on benefits, the discrimination problem has been addressed recently in court, thanks to Shelter.org Help us end housing benefit discrimination for good | Campaigns - Shelter England

Good Luck! X

Many thanks.

Okay, I may also check with the estate agent, as the new tenancy agreement seems to imply I have to stick around for the first 4 months, but not sure.

Regarding discrimination, yes, it does seem things are looking a little more positive for renters on benefits, but it still seems most estate agencies and landlords are still subjecting benefit claimants to prejudice. I think I would have a good indirect disability discrimination argument, though, if I can prove the tenancy is affordable.

[heisenberg]

This is from 2019, but I still don't see the government taking any action:

https://www.mirror.co.uk/money/landl...ersal-14074101

[islandgirl]

The problem is that it has become more and more difficult for Landlords to evict non paying tenants. Therefore they are less willing to rent to those they believe to be "higher risk" (whether that is true or not is a different matter). Affordability is not the only criteria upon which LLs base the decision to let to an individual.

[heisenberg]

The problem is that it has become more and more difficult for Landlords to evict non paying tenants. Therefore they are less willing to rent to those they believe to be "higher risk" (whether that is true or not is a different matter). Affordability is not the only criteria upon which LLs base the decision to let to an individual.

I think affordability is certainly the main factor. What are the other factors you allude to?

[heisenberg]

A 2010 Department for Communities and Local Government (DCLG) Private Landlord Survey found:

The most cited reasons for not letting to HB or LHA recipients were disturbance or anti-social behaviour (19%), expected delays in payment (17%), unpaid rent and damage to property or furnishings (both 16%).

The 2018 Private Landlord Survey probed why landlords/agents would not let to HB claimants. They largely gave the same reasons:

The most commonly selected reason was a perceived greater risk of delays in payment or unpaid rent. This was selected by 68% of landlords and 78% of agents. Many landlords and agents also reported a perceived risk that the benefits would not cover all of the rent (reported by 62% of landlords and 70% of agents).

Landlords and agents also reported being unwilling to let to people on benefits because these benefits are paid directly to the tenant and not to the landlord or agent. This was more of a concern for agents than landlords (selected by 64% of agents, compared to 55% of landlords). A similar proportion of landlords and agents reported a perceived greater risk of disturbance or antisocial behaviour or damage to property or furnishings, although this was more of a concern for landlords (56%) than agents (50%).

https://www.gov.uk/government/statis...ds-survey-2010

[heisenberg]

I don't think they would have a reasonable defence in my case, as my current landlord should provide a reference setting out that I have rented his property for 15 years without ever being in arrears etc.

[islandgirl]

Heisenberg - you answered your own question really. A LL may decide not to rent to someone on benefits who could afford the property for any of the reasons given in the survey (or others). Discrimination charges are difficult because you have to prove which criteria the LL used to make their decision. If 3 people say they would like to rent a property the LL can choose the one he or she prefers for any number of reasons.