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    • cybervic
    • By cybervic 6th Jul 17, 12:01 PM
    • 336Posts
    • 518Thanks
    cybervic
    help please, staying over move-out date.
    • #1
    • 6th Jul 17, 12:01 PM
    help please, staying over move-out date. 6th Jul 17 at 12:01 PM
    In April, we received a notice by agent that asking us to leave on 19/July (landlady is moving back). We then found a place end of May for us to move in on 15/July. We were told last week that the future landlord received a buying offer he can't refuse so we have to look for another place instead.

    I then informed my current agent last week there is a chance we may not be able to move out before as per the notice stated, and this morning we received an email from agent saying "your landlady sympathises with your situation, however, if vacant possession is not given at the end of the tenancy, she will have no other option then to go to courts to seek possession through eviction."

    My partner and I have already taken days off this week to look for a place. We think we should be to move out by 1st week of August the latest (and of course we will be paying the extra rent accordingly). We have never missed any rent and have always been a good tenant looking after the place and never causing any trouble. Will we be evicted on 19/July? Will lose our deposit because we overstayed? What kind of trouble we will get into if we could not move out before 19/July? am very worry whats gonna happen so would appreciate any advice please.

    Thank you.
Page 1
    • Guest101
    • By Guest101 6th Jul 17, 12:07 PM
    • 14,477 Posts
    • 14,140 Thanks
    Guest101
    • #2
    • 6th Jul 17, 12:07 PM
    • #2
    • 6th Jul 17, 12:07 PM
    In April, we received a notice by agent that asking us to leave on 19/July (landlady is moving back). We then found a place end of May for us to move in on 15/July. We were told last week that the future landlord received a buying offer he can't refuse so we have to look for another place instead. - Did you sign a contract for the new place

    I then informed my current agent last week there is a chance we may not be able to move out before as per the notice stated, and this morning we received an email from agent saying "your landlady sympathises with your situation, however, if vacant possession is not given at the end of the tenancy, she will have no other option then to go to courts to seek possession through eviction." - that's the usual process.

    My partner and I have already taken days off this week to look for a place. We think we should be to move out by 1st week of August the latest (and of course we will be paying the extra rent accordingly). - Indeed, you must continue to do this We have never missed any rent and have always been a good tenant looking after the place and never causing any trouble. Will we be evicted on 19/July? - no, definitely not Will lose our deposit because we overstayed? - no What kind of trouble we will get into if we could not move out before 19/July? - none am very worry whats gonna happen so would appreciate any advice please.

    Thank you.
    Originally posted by cybervic


    A tenancy can only ever be legally ended, by either you the tenant OR a court.


    A LL notice is just notice that if you don't move, they will go to court. It happens hundreds of times every single day. Don't panic.
    • saajan_12
    • By saajan_12 6th Jul 17, 12:13 PM
    • 557 Posts
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    saajan_12
    • #3
    • 6th Jul 17, 12:13 PM
    • #3
    • 6th Jul 17, 12:13 PM
    You can check the notice was valid in thefirst place, but assuming it was, it is still jsut notification that the LL may go to court to seek possession. When it expires, they must go to court to get an eviction notices, and then apply for bailiffs, giving you another 3-8 weeks. If by the time it goes to court, you have a proposed move out date in the near future, you may be able to ask for the eviction date to accomodate that.

    If I were you, I'd focus on finding somewhere else and worry about the notice if / when the LL applies to court.
    • McKneff
    • By McKneff 6th Jul 17, 12:15 PM
    • 35,404 Posts
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    McKneff
    • #4
    • 6th Jul 17, 12:15 PM
    • #4
    • 6th Jul 17, 12:15 PM
    Please stop worrying.

    All the avove is good and accurate advice
    No one can make you feel inferior without your consent
    • Red-Squirrel
    • By Red-Squirrel 6th Jul 17, 12:16 PM
    • 1,400 Posts
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    Red-Squirrel
    • #5
    • 6th Jul 17, 12:16 PM
    • #5
    • 6th Jul 17, 12:16 PM
    It takes ages to go through the courts, and its expensive.

    If you keep your landlady informed, and let her know when you have a firm moving out date, then if she's a reasonable person she should be fine with that.

    These things happen, its part of being a landlord, she shouldn't expect you to make yourselves homeless for her convenience. She shouldn't be without a place to stay herself because she should never have banked on you leaving precisely at the end of the fixed term.
    • andrewjb3
    • By andrewjb3 6th Jul 17, 12:20 PM
    • 22 Posts
    • 19 Thanks
    andrewjb3
    • #6
    • 6th Jul 17, 12:20 PM
    • #6
    • 6th Jul 17, 12:20 PM
    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!)
    • cybervic
    • By cybervic 6th Jul 17, 12:26 PM
    • 336 Posts
    • 518 Thanks
    cybervic
    • #7
    • 6th Jul 17, 12:26 PM
    • #7
    • 6th Jul 17, 12:26 PM
    Thank you all, we are half better now hearing the advice.

    google says there's a "accelerated procession order," Can she refuse to extend, and submit her case to court on 19/July using our deposit or made us pay for any inconvenience caused?
    • Guest101
    • By Guest101 6th Jul 17, 12:31 PM
    • 14,477 Posts
    • 14,140 Thanks
    Guest101
    • #8
    • 6th Jul 17, 12:31 PM
    • #8
    • 6th Jul 17, 12:31 PM
    Thank you all, we are half better now hearing the advice.

    google says there's a "accelerated procession order," Can she refuse to extend, and submit her case to court on 19/July using our deposit or made us pay for any inconvenience caused?
    Originally posted by cybervic


    The accelerated process means the case doesn't cover other issues (typically rent arrears) the focus is simply - is the notice valid, if so, possession order. However the average time to evict some is 40 weeks. That varies by area, but no. She submits papers on the 19th July, you then get served papers, have 14 days to acknowledge and reply, then a court date is set (somewhere around 4-12 weeks time), then a court order is made, typically 14 days, then bailiffs are employed and they act typically another 6-12 weeks.


    You wont even see a court by the time you move out. Your deposit is safe, but yes she can ask for the £255 fee back for going to court


    Now please answer my question - did you sign a contract for the new property?
    • AdrianC
    • By AdrianC 6th Jul 17, 12:34 PM
    • 14,710 Posts
    • 13,077 Thanks
    AdrianC
    • #9
    • 6th Jul 17, 12:34 PM
    • #9
    • 6th Jul 17, 12:34 PM
    google says there's a "accelerated procession order," Can she refuse to extend, and submit her case to court on 19/July using our deposit or made us pay for any inconvenience caused?
    Originally posted by cybervic
    She can pass you the bill for any efforts she makes to end your tenancy through the court, yes. But they'll be fairly minimal in two weeks, simply because it won't get to court that quickly. Your deposit is, I presume, protected...?
    • cybervic
    • By cybervic 6th Jul 17, 12:37 PM
    • 336 Posts
    • 518 Thanks
    cybervic

    Now please answer my question - did you sign a contract for the new property?
    Originally posted by Guest101
    Thanks, at least we know where we stand now.

    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.
    • Guest101
    • By Guest101 6th Jul 17, 12:40 PM
    • 14,477 Posts
    • 14,140 Thanks
    Guest101
    Thanks, at least we know where we stand now.

    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.
    Originally posted by cybervic
    Ok, I mean you may have had a claim, but lets leave that aside for now. (you have 6 years to bring a claim)


    For now don't panic, concentrate on finding somewhere new
    • PasturesNew
    • By PasturesNew 6th Jul 17, 12:42 PM
    • 59,136 Posts
    • 345,278 Thanks
    PasturesNew
    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.
    Originally posted by cybervic
    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".
    • G_M
    • By G_M 6th Jul 17, 12:59 PM
    • 40,083 Posts
    • 45,772 Thanks
    G_M
    * 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?
    • Red-Squirrel
    • By Red-Squirrel 6th Jul 17, 1:30 PM
    • 1,400 Posts
    • 3,483 Thanks
    Red-Squirrel
    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!)
    Originally posted by andrewjb3
    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!
    • cjdavies
    • By cjdavies 6th Jul 17, 2:04 PM
    • 2,383 Posts
    • 2,217 Thanks
    cjdavies
    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!
    Originally posted by Red-Squirrel
    I find it helpful in case they do try so at least the OP knows their rights.
    • FBaby
    • By FBaby 6th Jul 17, 2:56 PM
    • 15,606 Posts
    • 39,072 Thanks
    FBaby
    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.
    • agrinnall
    • By agrinnall 6th Jul 17, 3:55 PM
    • 17,875 Posts
    • 13,560 Thanks
    agrinnall
    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.
    • saajan_12
    • By saajan_12 6th Jul 17, 4:12 PM
    • 557 Posts
    • 360 Thanks
    saajan_12
    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.
    • cybervic
    • By cybervic 10th Jul 17, 3:25 PM
    • 336 Posts
    • 518 Thanks
    cybervic
    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.

    --------------------------
    • Guest101
    • By Guest101 10th Jul 17, 3:29 PM
    • 14,477 Posts
    • 14,140 Thanks
    Guest101
    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.

    --------------------------
    Originally posted by cybervic


    Just ignore it and tell them what is happening. You aren't asking for permission you are informing
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