2nd March, 2021
Question:
I have decided to sell my property as I am entering retirement.
I have had great tenants for the past 2 years; I understand that my tenants are protected and cannot be made to leave the property during the Level 5 period, the notice period for the tenants is 120 days and I understand that this cannot start until the level 5 restrictions lift, I am also aware I must add an additional 10 days to the notice period.
I’d like to give the tenants formal notice now to give them a heads up on what is happening – can I do this? I would like to sell the property as soon as I can.
Response:
Yes, you may serve the notice now.
Level 5 does not restrict the serving of a Notice of Termination. There may be a revised date on the termination, but you may serve it giving the normal required period (in your case 120 days). The additional time resulting from the increased protection/emergency period(s) will be added to the notice after it is served together with an extra 10-day grace period.
It is important to know that the duration of any Emergency Period will not count as part of any termination notice period given – this applies to all Notice of Terminations served before or during an Emergency Period.
Do not hesitate to contact us for assistance once the emergency period lifts and you need to apply your advised termination date.