Tennants rights with a section 21 notice

P3EKD

I have been renting the same house for 3 years while the owners where abroad this was done through an agent. They have returned and are now living in Scotland and want to sell the property I live in. I have been sent a section 21 giving me 2 months notice "Not a Problem as I am lucky enough to be buying a house anyway". However they want to market the property asap and did tell me they could not do this until the last 28 days of the notice period however ask my permission to do so. I asked them to guarentee my deposit return as a condition to do this as it would inconvience me while pack and trying to keep things tidy "Not that I am messy but you know how it is" and I would be asked to leave the property when required. However they have since marketed the property and started to take bookings and my notice period does not even start until the 29th of September. As they never confirmed to me in writing they agreed to my condition I have asked them to remove the property from the market and stick to what I believe the law says. I also need to know as I will be under 2 months notice do I still have to give a months notice to leave the property before the end of the notice period???????

Hope some one can help

Jowo_2

Deposits aren't returned until after the tenant has exited and the landlord has performed a check-out inspection to calculate any deductions due to arrears or damage, therefore your request is well out of kilter with the normal process and I've never heard of any tenant making this request.

Perhaps you would have been better asking them for compensation, such as a reduction in rent for the remaining period or a sum towards your moving expenses rather than asking them to guarantee the return of the deposit which in my opinion is unworkable and risky.

You don't have to permit viewings - tenants are enshrined the right to quiet enjoyment of the property while in occupation and a landlord (or their represrentatives) cannot enter the property until they've been given reasonable notice (24 hours) AND gained consent from the tenant.

Many standard ASTs have the 'viewings' clause in it so some tenants and landlords don't realise that this is discretionary and that it cannot override the tenants statutory right to quiet enjoyment.

As for whether you can counter-serve 1 months notice and quit before their 2 months notice is up, you'd have to tell the forum whether you are in a fixed term or periodic agreement and what the dates of the contract are.

By the way, is the property in Scotland?

P3EKD

Hi
Thanks I am on a periodic agreement and have been for 2 years. The property is in the South of England not Scotland. What I was wondering is as I am on 2 months notice can I leave the property in a months time without giving notice? Seems as I am on notice why would I have to give notice!!!!

clutton_2

if you want an amicable end to the tenancy and to get your deposit back, and if your LL wants to market - then you and the LL need to talk to each other and come to a compromise - yes you can give a months notice even tho they have given you two