Does the 4/6 month covid notice period overide the AST contract?

I am in Wales where the 6 month covid tenant notice period rule still applies.(now 4 months in England I think ).
I am having to sell the rental property due to divorce ,or lose my own home.
My ex’s solicitor insists that the AST contract overrides the Welsh Government 6 month notice rule, and I can give 2 months notice. In the AST contract I see a 4 month rule applies when selling a property. So feeling very unsure of what rule takes precedence.
Anyone else had experience of this.?
I gave the tenants notice on May 26th '21.

There is a four month notice period in England
It is not overridden by the AST
The COVID pandemic legislation overwrites the housing act
I would speak to NRLA to see if six month ends at the end of June in Wales

There are lots of links in google

Find another solicitor

Its 6 months in Wales so ignore the Ex’s solicitor.

Your ex s solicitor Is on HIS side so take no notice The Goverment regs overule everything whether good or bad

1 Like

Thanks for the reassurances …the funny ? thing was when I rang the Welsh Government department concerned and spoke to one of the top minions, eventually…he said ‘We don’t comment on legal issues’ …would only say it’s due for review on the 31st June and unless there is another Covid surge…it will be changed’…to what he couldn’t say.
I’m now left with a 3 month deadline to raise approx £200k (selling the rental property not allowed !), after which the fine is 8% of total sum due…
I’m 69,reliant on the rental income, and courts approve this stuff !

Why can’t you sell the property?

The consent order stipulates I must pay him first,and then he will assign the property to me so it can be sold.
So I have gone for a bridging loan (cost approx 7k even for just one month). However that could be refused due to a right of way running through this farm to the farm below,as every equity release company did .
I have secured a keen buyer of the barn conversion ,and farm building opposite the farmhouse I live in. If all goes well they will be ready to pay cash once conveyancing is done. I’m hoping if my solicitor says to them ‘got the money’…sign here…at that point I could call their bluff. They are just trying to make it as difficult as possible for me to pay him and so keep my home. He gets a fixed sum this way,but if after 6 months I haven’t ,then the whole farm has to be sold and he gets more…40% of whatever it sells for, which will be more for him undoubtedly.
It’s the date and length of time I can give notice on that seems the big sticking point.
It seems me giving notice on the 26th May for 6 months is invalid then…and the alternative 4 months that was in the tenancy contract if having to sell also invalid.
So that could mean I can only give 6 months notice on June 31st which will go way beyond the September court deadline to put the whole place up for sale.
Knotty problem this. I owned the whole farm at the start of the marriage,been here 23 years and really don’t want to leave the house and garden it’s taken all this time to create, (and adding lots of value btw), and the friends I have locally.
Maybe I just have to swallow huge charges for the bridging order and hope it is approved.I have an agreement in principle ,but now it’s the long process of actual approval.

I am sorry for your plight. I wish you well.

Very grateful for these responses.
I am told I have to be a member of the NRLA to get advice.
Shelter have just told me the Welsh Government have renewed the 6 month rule until September.

maybe you need a better solicitor for yourself

true…but as I don’t have the huge sums they charge I have had to represent myself and be an LIP…Litigant in Person…with advice from a consultant at Wikivorce at reduced rates but not very prompt, as she has so many other people to help.
It seems this present cash sale of very keen buyers will now fall through as the 6 month rule stays and so they can’t move in until next March.

Or am I missreading the situation? and the notice I gave on 26th May under the 6 month rule means the tenancy ends on Nov.26th ?

you are right the 6 month rule was in force then …What the gov is doing is pasing the buck to landlords as they know they will have to house all the evicted ,so pushing the losses onto the landlords. Scumbag goverment whoever is in power

Can you not pay the tenants to leave early if they are willing? Might be cheaper than raising finance.

Now there’s an idea…but acute shortage of places to rent round here…and they have a cat and a 3 month old baby

Yes, however you’ve already given them notice so I assume they are looking for a new place. A financial incentive based on how quickly they move might encourage them to focus on finding somewhere sooner.

Gillian, could you not claim to your Ex’s Solicitor that they’ve set an “unfair term” in Consumer legislation - especially given the GOVERNMENT-enforced temporary Covid regn’s?
And seek to have it amended BECAUSE of these regn’s?
It seems grossly unfair that you’re bound by this 8% potential additional cost!

Extract from the Consumer Rights Act 2015 reads…
In what circumstances will the Consumer Rights Act 2015 apply to unfair contractual terms?

A term in a consumer contract will be unfair if it ‘causes a significant imbalance in the parties’ rights and obligations under the contract , to the detriment of the consumer '.8 Sept 2015

A very useful article here for those who may be looking to invest in properties using bridging finance: