Discussion
paoloh said:
My brother's landlord has served him with 2 months notice to quit.
Can a Landlord serve notice to a tenant 3 months into a 12 month agreement?
Would the Landlord be responsible for any costs involved? ( rwemovals etc )
IANAL, but having been in a similar situation, an AST entitles the tenant to 6 months. Therefore the LL cannot serve notice (of the required 2 months) until the end of Month 4.Can a Landlord serve notice to a tenant 3 months into a 12 month agreement?
Would the Landlord be responsible for any costs involved? ( rwemovals etc )
paoloh said:
Brother is up to date with rent.
Do you think he can ask for moving fees etc?
What the LL is doing is breaching a contract so is illegal. He cannot remover your brother until the end of the 12 months. If brother is willing to move then he should ensure the LL pays for absolutely everything... if not then just stay put.Do you think he can ask for moving fees etc?
I repeat... LL CANNOT end a 12 month contract!!!!!!
garyhun said:
paoloh said:
Brother is up to date with rent.
Do you think he can ask for moving fees etc?
What the LL is doing is breaching a contract so is illegal. He cannot remover your brother until the end of the 12 months. If brother is willing to move then he should ensure the LL pays for absolutely everything... if not then just stay put.Do you think he can ask for moving fees etc?
I repeat... LL CANNOT end a 12 month contract!!!!!!
If your brother has a 12 months fixed term tenancy agreement-an Assured Shorthold Tenancy Agreement, then unless your brother has given the landlord reasons to bring the tenancy to an early conclusion, for example being two (2) months or more in rental arrears, where a Section 8 Notice would be served by the landlord, then the earliest the landlord can serve a 2 months Notice, is ten (10) months from the start date of the AST/tenancy.
Would be interested to hear what type of Notice was served, was it either a Section 8 or Section 21, and what reasons for possession/termination of the AST, if any, was given by the landlord.
For early termination of the AST/tenancy then your brother could negotiate with the landlord to both recover his (brother) costs etc. and a suitable convenient leaving date for your brother.
These early termination of tenancy agreements are often made by tenants to landlords, and as a landlord I always try and assist the tenant, so if your brother can reach some suitable agreement with the landlord, at no financial loss to your brother, then why not.
Would be interested to hear what type of Notice was served, was it either a Section 8 or Section 21, and what reasons for possession/termination of the AST, if any, was given by the landlord.
For early termination of the AST/tenancy then your brother could negotiate with the landlord to both recover his (brother) costs etc. and a suitable convenient leaving date for your brother.
These early termination of tenancy agreements are often made by tenants to landlords, and as a landlord I always try and assist the tenant, so if your brother can reach some suitable agreement with the landlord, at no financial loss to your brother, then why not.
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