Lettings Legislation Change for Section Notices...

Hi, Im James Garibbo the Lettings Manager at Jackson Property.

There has recently been a legislation update surrounding the notice period a landlord is required to give any tenant to reclaim possession of their property.

Prior to the national lockdown earlier in the year, the mandatory notice period for a landlord to serve to a tenant was two months minimum, of which was increased to three months as lockdown progressed.

The new laws have now come into effect, as of August 29^th 2020, requiring landlords to give a 6-month notice period to all tenants.

This new law on the notice period is a blanket law and voids all clauses relating to notice timeframes from the landlord documented in an agreement and requires the new 6 months arrangement to be fully adhered too. 

As we all know, serving notice to a tenant very often is a last resort and is usually reserved for when you have significant problems which are unable to be resolved. 

For any landlords who are considering disposing of their investment properties within the present climate for whatever reasons, then Nathan Jackman-Smith can advise of value and the best marketing strategy to implement.  For landlords considering this path it is worth bearing in mind that should a purchaser require vacant possession then the 6 month period obviously also applies, so it would be essential to secure an investor who would be happy to take on the tenants in order not delay completing or indeed a buyer not proceeding.

While by law a 6-month notice period is required, there is the possibility that an alternative arrangement between landlord and tenant could be reached, but it will have to be mutual and in writing. The key to any negotiation is an agreement therefore if all parties agree a way forward no law is being broken!

Finally, it does please me to say that throughout our portfolio we do rarely need to serve notice because of a tenant’s actions which should provide comfort considering the new periods required.

Full details can be found here:
https://www.gov.uk/government/news/government-has-changed-the-law-so-most-renters-have-a-6-month-notice-period#:~:text=Legislation%20has%20now%20been%20introduced,behaviour%20and%20domestic%20abuse%20perpetrators.

Should any further advice be required please do not hesitate to get in contact.