Notice period for HMO's

[julles]

Quick question on someone elses behalf as i do not have HMO's

In general are the laws covering notice period the same as an normal tenancy for a house/flat single occupation .

I suppose they are if assure shorthold tenancy

I.E two months notice need to be given by landlord.

and if in periodic i amI right in saying it does not need to be on a rent due date , as long as it is two clear months

thanks If you can help

[Richlist]

Hi Jules,

I can't answer your specific question regarding HMO notice BUT......there seems to be some misunderstanding on your part as to the correct notice for AST's.....so here's how I understand that they work.

1. An S21 notice served in the fixed term of an AST cannot take affect until at least the end of the fixed term of that AST.

i) An S21 notice requiring possession of the property at the end of thefixed term of the AST requires at least 2 months notice.

ii) An S21 notice served during the fixed term of the AST but requiring possession after the tenancy has become periodic still requires a minimum of 2 months notice but does not have to end on a rent day.

2. An S21 notice served after a tenancy has become periodic must provide at least 2 months notice ending on a rent day.

3. All of the above notice requirements apply to both landlord & tenant unless altered by mutual agreement.

[Grampa]

Also if you have a HMO and it is licencable but havent got the licence you CANNOT use a section 21.

[julles]

Thanks gents

Richlist ...

1. An S21 notice served in the fixed term of an AST cannot take affect until at least the end of the fixed term of that AST.

i) An S21 notice requiring possession of the property at the end of thefixed term of the AST requires at least 2 months notice.

ii) An S21 notice served during the fixed term of the AST but requiring possession after the tenancy has become periodic still requires a minimum of 2 months notice but does not have to end on a rent day.

Ok with all the above

2. An S21 notice served after a tenancy has become periodic must provide at least 2 months notice ending on a rent day.

This is the bit I needed to clarify..thankyou

In my friends case ....

Tenancy is periodic, landlord has sent tenant email saying he wishes tenant to move out giving only 1 month notice and not ending on rent day.(no rent arrears)

Tenant has room in shared property,each tenant unconnected and on individual ast..

Has landlord given enough notice?

Grampa...Thanks didn't know that , can tenant ask to see landlords licence

[Richlist]

In my friends case ....

Tenancy is periodic, landlord has sent tenant email saying he wishes tenant to move out giving only 1 month notice and not ending on rent day.(no rent arrears)

Tenant has room in shared property,each tenant unconnected and on individual ast..

Has landlord given enough notice?

For a conventional assured shorthold tenancy then no, thats not enough notice. It would need to be a minimum of 2 months ending on a rent day.....UNLESS both parties agree to a shorter notice term.

BUT, this is an HMO of which I know nothing so, best you get an answer from someone who understands that particular system.

[Grampa]

I dont knowif a tenant has the right to see the licence as I try to steer clear of HMO.

But your frient could call the local council and ask to speak to the HMO officer and say "I am thinking of rent a property and the set up will be xyz, will it be a HMO and do I need a licence?"