Private AST expired landlord is only giving 2 months notice not 3

Hey everyone,

I just wanted some advice as Ive been living at my current property for just over 1 year, (2 6 months tenancy) it expired on the 1st August I understand it rolls onto a monthly one however landlord is only giving me 2 months so I need to be out by 1st October but Im sure if im correct it is supposed to be 3 months there saying they do not want to give me 3 months but I only just got a “notice requiring possession” letter dated 19th August what can I do now, please. I’m also not in any rent arrears and no damage is done to the property.

Kind regards

Hi. You can tell him his notice is invalid and he now needs to give you 6 months notice…

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Hi Richard,

Thanks for the reply. All the landlord would do it apply for a court order in which I would be paying for as I pay my rent on time every time even during COVID.

Hi Priya

He can only get a court order if he has served a valid section 21 notice which requires the correct notice period. His notice isn’t valid and has no legal effect. The court would just tell him to learn the rules and he would be liable for the costs, not you.

The notice period changed to 6 months on Friday so any new notice would need to this length.

Yes the notice rules are changing frequently at the mo. Landlord needs to get the dates right or start from scratch all over again so time pressure is off you for while. That said, the writing is on the wall so I suggest you start looking while you have the luxury of time and greater choice rather than leaving it til the last minute and having to make do with what is available at that time.

Hi Richard,

Thanks for that I’ve been researching shelter so I have some back up. However when I moved I was not given a gas safety, epc, how to rent & information about my deposit before you know it October 1st has arrived.

I am def looking but I’m finding some difficulties as trying to book a viewing then landlords saying they cant conduct viewings because the tenant will not allow them in.

Don’t worry about October the 1st, that notice he gave you won’t be valid. Not sure whether the new 6 months notice rules will apply to you as you were served before the rules came into being. Get advice on it, but the worse case scenario would be 3 months notice. He would have to serve you again, properly, in any case.

I have a real old tenancy, so some of the rules for serving a notice to quit are different. But in your case, the landlord will have to have given you an EPC, a gas certificate and the how to rent booklet.

If he serves you a notice he will have to provide proof that those certificates exist and have been given to you. If he has also failed to secure your deposit within 30 days of the start of your tenancy, then there’s a possibility of compensation of up to three times the amount.

This is from Shelter’s website:

" You can ask for compensation if your landlord or agent broke the tenancy deposit rules. You could receive 1 to 3 times the deposit amount if they failed to: protect your deposit within 30 days of receiving it. give you written information within 30 days."

If, as you say, your landlord has failed to do all of the things you list, then he has very little chance to serve you a notice.

I did as much digging as yourself, I’m also having issues with the landlord, and a kind member here also gave some advice. All let dwellings need an EPC, your landlord is now letting that flat unlawfully.

Try getting yourself together as much as possible, but don’t panic about having to do it in 2 months. You don’t want to end up in a worse flat than you are in already. Best of luck.

Hi Frank,

I do not know where my deposit is as I was not given nothing at all I only got a letter about “requiring possession” of the property on 19th August when my contract signed date was the 1st August 2019. I’m trying to get lettings agents to help me find someone as soon as. The landlord was all happy for me to be paying £1000 pcm now because of all this COVID he wants his property which I understand but they way he is carrying on is just nasty saying “ I do not want to give you 3 months” that’s what he told me over the phone I’m sorry but all landlords are the same I have no respect for them any longer. Thanks for your help.

You haven’t got a bad landlord. You’ve got a landlord operating illegally. This is what gives renting and all landlords (like me) a bad name. To be effective his formal Notice must be under Housing Act 1988 section 8 (with ground stated), or section 21 (no fault needed). Notice periods are set by law regardless of what his tenancy agreement says. No EPC = fine up to £5k, no deposit certficate = fine up to 3x rent. No gas safety certificate = fine to £6k/item plus prison term. No Right to Rent booklet issued = landlord can’t use sect 21 Notice requiring possession. Not carrying out “right to rent” checks could result in 5yrs and unlimited fine. An illegal eviction if he changes locks, moves your stuff out or whatever = hefty fine and possible imprisonment plus a criminal record.


Sounds like a bad landlord to me, obviously not all landlords are, but this one sounds like he ticks the right boxes.

The EPC certificate probably only carries a £200 fine, so far no one has been prosecuted for not having one. Or so is reported.
This is no advantage to the tenant, bar from the fact that he can’t serve a notice without one.

The deposit has not been protected within 30 days, so the tenant is entitled to compensation. I am not sure whether a fine comes along with it, but definitely compensation for the tenant.

The how to rent booklet. Although it was not given to the tenant, in order to serve a notice the booklet will have to be given to the tenant. This can happen the day before notice is served, so it makes no difference the landlord hasn’t given one at the start of the tenancy.

Not having a gas safety certificate is the final nail. The landlord is going to have to do some serious thinking about how to get out of that one.

Normally I would suggest contacting the Local Authority about the breaches and the fact that he is now harassing you, which is a criminal offence. Problem is that my Local authority are either incompetent, or have a special relationship with my landlord. If yours is the same, avoid them like the plague. They might cause you more stress than the landlord has.

In any case, I would definitely take him to court for the deposit. If doesn’t get his self together he will never be able to serve you a notice properly.

Hi Alan,

I do apologise just angry but yes not every single landlord is like this but why can’t I just find a landlord that is just normal. I’ve only had 1 alright landlord apart from the fact he kept on coming to the property to collect orders from Amazon as he was using the rental address & not his own for some reason it only lasted 6 months then back to square one.

Sounds like you have your LL over a barrel with all the omissions and failures or legal requirements. Rogue LLs deserve to be punished. Not being aware of the legal requirements is no defence in the eyes of the law. Just check your AST as well and see what the required notice period is from LL to tenant. Work on facts not assumptions. Even if the notice period is of the correct length, served before the notice period extension to 6 months (between 29/8 and 31/3/21) and takes you beyond the AST end date, the other failings will nullify the notice. Good luck. My advice, keep looking for a new home and hopefully a much better LL - they exist and definitely in the majority!

Yes I was researching that all he needs to do it just post the “how to rent” booklet and I guess he can just put it through the door at night and claim I misplaced it or something. I’m also worried when it comes to checking out & deductions being made I did have pictures when I first moved in but some are on the old phone which is completely destroyed but some thankfully are on the current phone that’s when extra problems will arise.

Thanks yes im looking every other day so fingers crossed I will be able to move but I do not have very long left literally less than 4 weeks before LL starts making noise.

Hi Masked Adviser,

Yes please I would be grateful if you could I need advice desperately as I do not know where I stand as LL have more rights then tenants.


LL have more rights than tenants ??? You are having a laugh

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