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We didn't sign the contract because Landlord want to process it when it was nearer to the date and we naively agreed. We paid our deposit and referencing fee and got it all back already.
Don't feel naive... it's cheekily how most of them behave.
Most of the time you don't know until the moving in day, when you're in the office with your packed van outside, that you'll actually get the keys and get to sign the agreement. It's one of the things that's wrong ... that you can never be entirely "sure".0 -
* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?
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Note also that any attempt to remove you on the 19th (or, indeed, any time after that apart from by a court bailiff) is illegal. If it happens, it would be perfectly reasonable to lock the doors and call the police.
The agent should be well versed in all of this procedure. It's possible that the landlady thinks she can just turn up and throw you out. (She can't!)
The OP clearly states that the landlady has said she will start court proceedings to evict if they don't go, so she knows the rules.
Not helpful to scare an already worried poster for no reason!0 -
Red-Squirrel wrote: »The OP clearly states that the landlady has said she will start court proceedings to evict if they don't go, so she knows the rules.
Not helpful to scare an already worried poster for no reason!
I find it helpful in case they do try so at least the OP knows their rights.0 -
Don't worry. She said she was sympathetic to your situation, she just informed you that she might have to start the procedure to evict just in case you decide to stop looking for another place. After all, she is not to know how genuine you are attempting to move.
It does sound though as if she will not cause you trouble for staying a couple of weeks longer. Keep in communication with the agent so they know what's going on. Ultimately, it's better to stay in good terms especially as you've been a good tenant and it would be fair for her to confirm this if asked for a reference.0 -
I hope that the prospective future LL who reneged on the deal refunded you all fees that you might have paid to secure the property.0
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When you do find a new place, come back here for advice on how to end the current tenancy. You would likely have to give your own notice if it's after the end of your fixed term, but since the LL wants the property back, might be easiest for all to agree a mutual surrender for the day after you can move into the next place.0
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Thank you everyone for a very positive feedback. We have now found a place that is available to move in on 22/July, (subject to referencing), we have paid the deposit, so we looking to check out on 26/July (leaving 4 overlap days to clean and restore the flat properly.)
However, We have received another email from our agent just now and basically said the we can't have any extension. I am about to inform them that we can check out on 26/July. Can anyone advice if I am doing the right thing? If they say no, what can I do? Here is the letter:
We’ve spoken with our head office regarding the notice and unfortunately Section 21 notice can not be amended or extended.
I’ve further looked at the details on our system and I can see that notice was served at the end of April 2017 which would have given you 3 months to make arrangements to move on the specified tenancy end date. I understand that moving houses is stressful and things sometimes do not work out as planned, however the landlady is in her 90s and she has made arrangements to move back into her property. Please be advised that some tenants are not familiar with the legal process and therefore we had to make you aware that there is a possibility of the landlord going to court.
There is no restriction when it comes to overriding the landlord’s notice. Provided the tenancy is not in a fixed term then one months notice can be served in line with the rent due date.
I hope you can find somewhere soon, if you wanted us to speak with our Hove office to see if they have anything available to rent in the areas please do let us know.
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Thank you everyone for a very positive feedback. We have now found a place that is available to move in on 22/July, (subject to referencing), we have paid the deposit, so we looking to check out on 26/July (leaving 4 overlap days to clean and restore the flat properly.)
However, We have received another email from our agent just now and basically said the we can't have any extension. I am about to inform them that we can check out on 26/July. Can anyone advice if I am doing the right thing? If they say no, what can I do? Here is the letter:
We’ve spoken with our head office regarding the notice and unfortunately Section 21 notice can not be amended or extended. - What's head office got to do with it, your contract is with the LL
I’ve further looked at the details on our system and I can see that notice was served at the end of April 2017 which would have given you 3 months to make arrangements to move on the specified tenancy end date. I understand that moving houses is stressful and things sometimes do not work out as planned, however the landlady is in her 90s and she has made arrangements to move back into her property. - That's unfortunate. However it has no basis in law Please be advised that some tenants are not familiar with the legal process and therefore we had to make you aware that there is a possibility of the landlord going to court. - Indeed
There is no restriction when it comes to overriding the landlord’s notice. Provided the tenancy is not in a fixed term then one months notice can be served in line with the rent due date.
I hope you can find somewhere soon, if you wanted us to speak with our Hove office to see if they have anything available to rent in the areas please do let us know.
Just ignore it and tell them what is happening. You aren't asking for permission you are informing0 -
A section 21 is a notice of eviction not an eviction they still have to take you to court to evict you.
'Please be advised that some letting agents are not familiar with the legal process'0
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