12th January 2021
Question:
I served notice on my tenants as I unexpectedly had to return from abroad. The tenants were in the property 3 months and I served notice on the 3rd December with a vacation date of the 29th January 2021. The tenants have told me that they can stay in the property. Is this true?
Response:
Level 5 restrictions recommenced on the 30th December 2020. This pauses your notice of termination. The duration of any Emergency Period will not count as part of any termination notice period given. A revised termination date will apply and shall factor in the Level 5 period and an extra 10-day grace period.
Effectively, a revised termination date will be calculated by counting:
- all, or the remainder, as may be appropriate, of the original termination notice given;
- all, or the remainder, as may be appropriate, of the Emergency Period; and
- the 10-day grace period.
It will not be possible for you to calculate the revised date until the Level 5 restrictions are lifted.