Landlords are required to give two months notice as a minimum for a tenant to vacate the property. This is called the ‘no fault eviction’ and is one of the key landlord’s rights. You can invoke it without explanation and a court will always approve it. Covid saw the government increase the timeframe to six months, but as of 1st October this has reverted back to two months and previous landlord’s rights are again being maintained. This is called a ‘section 21’ notice. From a wish to sell the property to a wish to evict troublesome tenants or those with multiple months in arrears, this area of landlord’s rights give you the most control over your property in the hands of a tenant that may not always be living up to the contract.
According to GOV.UK, it cannot be invoked in the following circumstances:
- If the tenancy began less than 4 months ago, or the fixed term has not ended. This applies unless there’s a clause in the contract which allows you to do this.
- HMO properties held without an HMO licence from the council.
- The tenants’ deposit has not been placed in a tenant’s deposit protection scheme post April 2007.
- The tenancy started after October 2015 and you have not used form 6a or a letter with all the same information on it
- If the council has notified you of improvement or maintenance works in the last six months on the premises.
- The tenant has paid for repairs, billed you and have not yet repaid those bills.
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