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  • FIRST POST
    • mcgreevy1993
    • By mcgreevy1993 4th Dec 17, 8:27 PM
    • 20Posts
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    mcgreevy1993
    Served my eviction notice
    • #1
    • 4th Dec 17, 8:27 PM
    Served my eviction notice 4th Dec 17 at 8:27 PM
    My landlord very kindly went to the letting agency today and told them to serve us our 2 month notice period for February the 6th. (It is the season right before Christmas)

    We really like the area we live in and the apartment block, and luckily there is a flat with our agent that went up for rent this month.

    Our agent had said the landlord will not let us leave earlier than the 6th - but do we have any ground of negotiation to stand on here?

    Also, in terms of the new flat, we are now looking at having to rent two places at once for the month cross over - but how does work in terms of bills? Council tax??

    Can anyone offer some advice please. We've only been here 4 months so obviously we're gutted that now we're finally settle down she's taking the property back
Page 1
    • Slithery
    • By Slithery 4th Dec 17, 8:33 PM
    • 365 Posts
    • 530 Thanks
    Slithery
    • #2
    • 4th Dec 17, 8:33 PM
    • #2
    • 4th Dec 17, 8:33 PM
    Are you still in your fixed term, or are you on a rolling contract?

    It may be possible that you can give your 1 months notice to leave on the 6th of Jan, but this all depends on your contract.

    If you're in possession of two properties simultaneously then of course you're liable for both sets of bills.

    If you want a definite answer then we need more information, not least the start date and terms of your current contract.
    • troffasky
    • By troffasky 4th Dec 17, 8:43 PM
    • 23 Posts
    • 4 Thanks
    troffasky
    • #3
    • 4th Dec 17, 8:43 PM
    • #3
    • 4th Dec 17, 8:43 PM
    we are now looking at having to rent two places at once for the month cross over
    Originally posted by mcgreevy1993
    Why do you need to have such a large overlap?
    • mcgreevy1993
    • By mcgreevy1993 4th Dec 17, 8:52 PM
    • 20 Posts
    • 2 Thanks
    mcgreevy1993
    • #4
    • 4th Dec 17, 8:52 PM
    • #4
    • 4th Dec 17, 8:52 PM
    We're in a 6 month tenancy, (due to end Feb 6th)
    The other flat is available now, so we can only push it back a couple of weeks. Both landlords aren't willing to negotiate much on move in and out dates, to the point the landlord of our current property has said it's set on the 6th.

    I just wanted to clarify this because I'm quite happy with providers I'm with and would simply just do a change of address with them. Annoyingly I just had my meter here changed after 4 months of being on an old one that had been "phased out" and now I have to leave !!
    • ThePants999
    • By ThePants999 4th Dec 17, 9:01 PM
    • 904 Posts
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    ThePants999
    • #5
    • 4th Dec 17, 9:01 PM
    • #5
    • 4th Dec 17, 9:01 PM
    There's not really all that much to say. Your options are:
    - Forget about this flat - wait until closer to the move-out day, THEN find one, so you don't have a significant overlap. Is staying in the same block really so important?
    - Accept the overlap. Yes, you'll be liable for council tax and utilities on both properties during the overlap, but (a) the council may offer you a discount (perhaps even 100% for a month) on the property that's empty, and (b) utility bills aren't high on a property nobody's living in.
    - Find some leverage to negotiate with one landlord or the other. Hopefully you're aware that you don't actually have to move out on the 6th Feb - that's the date after which the landlord can apply to court for possession, a process that could take months. So, if you wanted to go nuclear, you could tell your current landlord that unless they're willing to agree an early surrender so you can take this property that's available now, you're going to stay in the property after the notice expiry, and make them go through the hassle of the full process, while you wait for something else to come up.
    • pinkshoes
    • By pinkshoes 4th Dec 17, 9:07 PM
    • 15,390 Posts
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    pinkshoes
    • #6
    • 4th Dec 17, 9:07 PM
    • #6
    • 4th Dec 17, 9:07 PM
    Why does your LL want you out after just 6 months?

    The S21 is an in invitation to leave. You do not HAVE to leave on this date. The LL cannot MAKE you leave until he gets a court document saying so...

    I would be tempted to let them know that you want to stay in the block, but not willing to pay the overlap, so will just hold on for now until you find somethiht else suitable, even if that means staying on past 6th Feb.
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
    • G_M
    • By G_M 4th Dec 17, 9:16 PM
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    G_M
    • #7
    • 4th Dec 17, 9:16 PM
    • #7
    • 4th Dec 17, 9:16 PM
    Your fixed term ends on 6th Feb so unless you and the LL are flexible and agree, you can't leave earlier.

    However, the S21 Notice does not end the tenancy. Only a court can do that. So you can remain there beyond the 6th and the landlorrd would then have to use the S21 to apply to court for possession. That would likely take weeks.

    The advantage is it might gve you time to wait for another flat to become available.

    the downside is you might have to pay the court costs.
    • mcgreevy1993
    • By mcgreevy1993 4th Dec 17, 9:29 PM
    • 20 Posts
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    mcgreevy1993
    • #8
    • 4th Dec 17, 9:29 PM
    • #8
    • 4th Dec 17, 9:29 PM
    Flats are with same letting agency so can imagine they'd make things hard if I tried to surrender contract.

    We like the block because of the area, location to transport links and after 4 months we're quite happy here and don't really want hassle of moving out and looking around, my boyfriend will be in stressful stage of his teaching training course and I'm in contract work with my contract up for renewal on the same date as my eviction so not best time to be looking for work and a flat. In laws have agreed to help because they come up to visit from down south and enjoy the area. We are very lucky to have support but also just annoyed they have asked for property back after only 4 months of us moving in.

    I am going to try and negotiate with both parties but I think new landlord would be easiest. No one wants to move over Christmas so would be easier to give new tenancy a push into January and also overlap would give us chance to do deep clean of current property to secure our deposit.

    It was more just the bills really! Hopefully council will take pity on me, should I just call them if I manage to take on new property and explain?
    • mcgreevy1993
    • By mcgreevy1993 4th Dec 17, 9:32 PM
    • 20 Posts
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    mcgreevy1993
    • #9
    • 4th Dec 17, 9:32 PM
    • #9
    • 4th Dec 17, 9:32 PM
    And to answer why they want it back we have no idea! We tried to question it, but they didn't give a reason and we only speak to agent. She just came in and asked them when the tenacy was up for renewal and signed the s21 for the same date and we got an email at the end of the working day saying we've got 2 months lol...
    • getmore4less
    • By getmore4less 4th Dec 17, 10:15 PM
    • 30,836 Posts
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    getmore4less
    And to answer why they want it back we have no idea! We tried to question it, but they didn't give a reason and we only speak to agent. She just came in and asked them when the tenacy was up for renewal and signed the s21 for the same date and we got an email at the end of the working day saying we've got 2 months
    same agent as the potential new place, all looking very dodgy.

    it's all about more fees until you get independent evidence otherwise

    get in touch with the landlord ASAP for their story.
    • franklee
    • By franklee 4th Dec 17, 10:23 PM
    • 3,554 Posts
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    franklee
    Are you sure it's your landlord wanting you to leave and not the agent wanting more fees?

    If the landlord really does want you to leave I would negotiate with both landlords see if you can get both to move a bit on dates. For the existing landlord say either you take this other flat or you will have to overstay the S21 notice until you can arrange an alternative so they will not get their flat back on February 6th.

    That it's the same agent shouldn't count against you as they will be wanting their fees to let the new flat. They will be more concerned at keeping that landlord happy than your current one who presumably will no longer need their services? That's assuming your current landlord wants the flat back and are not going to re-let?

    Also the agent will not want the hassle of an angry landlord facing court to evict you. So time to pal up to the agent, explain to them the problems you are having and try to get them to assist making a deal.

    As for the bills, do the flats come furnished or unfurnished? If unfurnished then in some councils the council tax is less for the unoccupied and unfurnished one and you let them know on which date you move from one to the other. So worth checking what your council does. Other bills like electricity you will have to pay both during any overlap.
    • SuboJvR
    • By SuboJvR 4th Dec 17, 10:26 PM
    • 458 Posts
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    SuboJvR
    Yes and be wary about sticking with the same agent. It’s feasible you have a clueless landlord who believes that she needs a new tenant at the end of every period (because then the agency can charge new finders fees and tenancy fees, it’s in their interest to get new tenants....)

    Try and speak to the landlord yourself to find out why! Of course she may need to sell or even move in herself, fair enough - but speak to the LL. Agents lie!! All they want is their cut.
    • franklee
    • By franklee 4th Dec 17, 10:28 PM
    • 3,554 Posts
    • 3,764 Thanks
    franklee
    And to answer why they want it back we have no idea! We tried to question it, but they didn't give a reason and we only speak to agent. She just came in and asked them when the tenacy was up for renewal and signed the s21 for the same date and we got an email at the end of the working day saying we've got 2 months lol...
    Originally posted by mcgreevy1993
    You really need to check the state of play with your landlord. Suggest downloading the land registry entry to see if their address is there. Or write to the agent requesting your landlord's address.
    • mcgreevy1993
    • By mcgreevy1993 5th Dec 17, 7:41 AM
    • 20 Posts
    • 2 Thanks
    mcgreevy1993
    From what neighbours have told me the flat has been rented out for many years, with the previous tenants being her a year. I think it probably the case she just wants her property back or perhaps to move agency.

    I'm going into the agency on my lunch break today so find out the case.

    The new place is unfurnished so that could possibly work with council tax! We are in need of a bed and sofa, which we just plan to replace second hand.

    If In another case, we moved into new flat still in lease of old one - after a deep clean and moving stuff across, could we surrender the flat but still pay? (As in we pay months rent, but give keys back 2 weeks earlier) would we still be liable for bills then in this case??
    • getmore4less
    • By getmore4less 5th Dec 17, 8:05 AM
    • 30,836 Posts
    • 18,437 Thanks
    getmore4less
    with the previous tenants being her a year. I think it probably the case she just wants her property back or perhaps to move agency.
    look like they have done it before.

    if you think she wants to move agency you don't need to leave.


    I'm going into the agency on my lunch break today so find out the case.
    talk to the landlord not the agent.
    • SuboJvR
    • By SuboJvR 5th Dec 17, 8:21 AM
    • 458 Posts
    • 325 Thanks
    SuboJvR
    Stop talking to the agent about it. They will outright lie about what the landlord knows/says because their main interest is in getting money from new tenant fees etc. I have experienced this with all the letting agencies I have dealt with!

    - One told me they asked a landlord and they said no pets. They never asked, I wrote to the landlord myself and got permission. This was in a house where two dogs lived prior to our moving in and the cleaning was absent to the extent that my asthma played up for weeks.

    - Another agent tried to get us to agree to a two month extension for the landlord to have “some security”, the landlord wasn’t aware how periodic tenancy worked (ie he would serve two months notice anyway if he wanted) and that this was a paper pushing exercise for the agent to get a fee from us both.

    Just a couple of examples.

    And definitely don’t jump straight into another flat with the same agent where they may just do the same again to you. This assuming it is all them, not the landlord.

    If you don’t want to move, speak to your landlord.
    • mcgreevy1993
    • By mcgreevy1993 5th Dec 17, 2:41 PM
    • 20 Posts
    • 2 Thanks
    mcgreevy1993
    Thanks for the advice guys.

    the landlord refuses to speak to us and will only go through agent. So not an option here.

    I spoke to agent and apparantley she does this a lot. She is an old lady and becomes annoyed with having to "pay out for repairs" and just cancels the tenancy for a while then reinstated it.

    We had our shower replaced last week has the thermostat had gone and it kept going scalding hot then Ice cold and she kicked off for "paying out" despite not updating any of These things since she started letting it.

    In this case good riddance to her - but I guarantee she'll try to keep my deposit
    • Pixie5740
    • By Pixie5740 5th Dec 17, 2:50 PM
    • 11,202 Posts
    • 15,655 Thanks
    Pixie5740
    We had our shower replaced last week has the thermostat had gone and it kept going scalding hot then Ice cold and she kicked off for "paying out" despite not updating any of These things since she started letting it.
    Originally posted by mcgreevy1993
    Did you request the shower to be repaired? If so you have some protection against revenge evictions but that only matters if you want to stay longer in your current home until another property becomes available that will have less of an overlap for you.
    Annual income twenty pounds, annual expenditure nineteen pounds nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds nought and six, result misery.
    • mcgreevy1993
    • By mcgreevy1993 5th Dec 17, 3:12 PM
    • 20 Posts
    • 2 Thanks
    mcgreevy1993
    Yeah I requested it.

    But how can I prove it as a "revenge eviciting?"
    Apparantley the agency says she's been kicking off because we replaced the oven, Ariel of tv and now shower. But she hasn't updated of them in years so they were all falling apart.
    • pmlindyloo
    • By pmlindyloo 5th Dec 17, 3:30 PM
    • 10,904 Posts
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    pmlindyloo
    Yeah I requested it.

    But how can I prove it as a "revenge eviciting?"
    Apparantley the agency says she's been kicking off because we replaced the oven, Ariel of tv and now shower. But she hasn't updated of them in years so they were all falling apart.
    Originally posted by mcgreevy1993
    Revenge eviction has various conditions to make it valid.

    Have a read of this:

    https://england.shelter.org.uk/housing_advice/repairs/revenge_eviction_if_you_ask_for_repairs
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