I am trying to understand whether, as a landlord who is renting out a property that was previously my home, can I serve notice in the middle of a tenancy agreement with a fixed term if I suddently need my property back to live in? Or do I have to wait until the end of the fixed term to service notice? Thanks.
what does the contract say? Is there a break clause?
Do you realise that even if you serve notice it doesn’t end the tenancy and the tenant may not leave?
I am the Landlord and I’m putting together a new letting agreement. At the moment, I have the following clause:
(b) The Landlord gives the Tenant notice under the Housing Act 1988 that possession may be recovered on the following grounds: The Landlord notified the Tenant that the Landlord previously occupied the Premises as the Landlord’s only or principal home and the Landlord may rely on Ground 1 of Schedule 2 to the Housing Act 1988 to recover possession of the Premises in circumstances where the Landlord requires the Premises as the Landlord’s only or principal home.
I’ve just never known if this means, should I need to live in my house again, whether I can serve notice in the middle of a fix term agreement (after 6 months). Eg, if the letting agreement is for 12 months but I need to move in after 8 months, can I give notice of 2 months to move in after 6 months and so recover possession for me to live in the property as my home again earlier than the end of the 12 month agreement term?
Your probably best to get legal advice
No a valid s8 ground 1 claim cant be made during the fixed term. See Housing Act 1988 s7 (6).
Thanks. I thought it would be a straightforward answer but obviously not.
Thanks David. That’s good to know.
Just to say, I am more confused now as I can’t see the point of this clause. If you can’t use this clause to break a fixed term contract, I would be giving the usual notice of 2 months at the end of the contract to get my house back and if the contract was rolling, it would again be the two months’ notice. Not sure what the point of being a homeowner is or why this was written as I can’t see any benefit to it.
If you really do need to move back into your property in the short/medium term, I would advise you not to rent it. Under the Renters’ Reform Bill likely to become law later this year, getting possession of your property will be much harder than it currently is if you have a decent tenant. Yes, there will be legislation to do what you are planning, but you will undoubtedly need a court order and as many other LLs will be in the same situation as you, I predict an almightly queue in the legal system.
If you’re determined, do a 6 month fixed term and let it go perodic after that to give you the minimum notice period under current legislation. That means the AST is no longer than 6 months.
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When you say 2 months notice, youre referring to s21, which came along 9 years after the Housing Act 1988, so s8 g1 was important originally, just as it will be important next year when s21 and ASTs are abolished.
Thanks for clarifying, David.