Served a section 21 and left - now complaints I did not give notice!!

tizhimi

And the moral of this story is kids.... PUT EVERYTHING in writing and cover your !!!.

franklee

PayDay wrote: »

If the S21 wasn't valid, the tenant had no way of knowing that and acted in good faith by doing what the landlord required on the S21. They vacated the property by that date.

Quite right. A tenant would not be penalised for acting on an invalid notice as he has done what the landlord asked him to do.

Just like there is nothing to stop the landlord and tenant agreeing the tenant leaves early or whatever. (So long as it's in writing so the tenant can prove what was asked otherwise the tenant may be in trouble).

franklee

clutton wrote: »

franklee says ""then as a tenant I'd do it in the last couple of days and ask to be present at the checkout ""

which is exactly what i have been recommending ........

if OP has walked out without notifying the LL it is hardly surprising that he is now experienceing deposit difficulties, as no check-out inventory was done

It is my view that he only has himself to blame for that - its not rocket science to pick up a phone and ask for a check out a few days before departure .....

Actually I'm putting the blame on the agent for mucking about serving S21 notices that weren't meant. I'm also blaming the landlord/agent for not getting in touch to arrange checkout - after all it is they who served notice. The tenant rang in on the last day and made sure they key was safely handed back so was acting responsibly and did not walk out. It is not his fault the landlord wasn't expecting him to leave as per the S21.

What the tenant could have done better is arrange a checkout appointment but I'm talking doing this a couple of days before not your post #16 "earlier in the final month". A tenant has a lot to do when moving so making up for the agent's shortfalls isn't high on the list.

clutton_2

clutton says ""It is my view that he only has himself to blame for that - its not rocket science to pick up a phone and ask for a check out a few days before departure .....""

franklee says "" What the tenant could have done better is arrange a checkout appointment but I'm talking doing this a couple of days before"

we do seem to be agreeing with each other Franklee (heaven forfend!!)

i think if both agent and tenant had taken more responsibility for communicating with each other then we would not have had this thread at all.....

as i constantly bang on about - a tenancy is a two way street needing two way communication

tizhimi

I was served a section 21 a week after moving in, made me giggle that they wanted me out before I had even spent a week sleeping in the place!

franklee

clutton wrote: »

clutton says ""It is my view that he only has himself to blame for that - its not rocket science to pick up a phone and ask for a check out a few days before departure .....""

franklee says "" What the tenant could have done better is arrange a checkout appointment but I'm talking doing this a couple of days before"

we do seem to be agreeing with each other Franklee (heaven forfend!!)

i think if both agent and tenant had taken more responsibility for communicating with each other then we would not have had this thread at all.....

as i constantly bang on about - a tenancy is a two way street needing two way communication

My dear Clutton I fear I'm failing to get my point across to you. The point I'm trying to make is that given the agent served the S21 and the tenant left as per the S21 the agent should have been ready for the tenant's departure at that time. So for the OP's landlord to say the tenant's failure to provide notice "has caused delays in arranging a checkout" is distinctly unfair. What caused the problem is the agent being trigger happy with the S21 (it seems without the landlord knowing). Really this blanket serving of the S21 needs to stop IMO, it doesn't benefit anyone other than the agent's ability to demand renewal fees.

IMO in this case the landlord has the right to be annoyed, but with the agent not the tenant. That a tenant faced with such a duff agent has the hassle of arranging the checkout for themselves is hardly a failing on the tenant's part, especially if the agent is being paid to manage the property. The sad reality is that tenants have to do some the agent's work for themselves to cover their backs.

clutton_2

Franklee - in the 10 years i have been doing this, i have NEVER had a tenant move out exactly on the day forecast - life gets in the way - other properties dont become vacant on time; a tenant changes their mind; the moving van does not arrive; kids get sick; benefit money is late arriving - and on and on it goes

finalising a tenancy (as i have said so many times) is about communicating with each other and neither landlord nor tenant is a mind reader

i find it very said Franklee that even when we do agree - you can not see that we agreee !!!

this is not a war - its about finding more ways of making tenancies easier for boht landlord and tenant


you say ""The point I'm trying to make is that given the agent served the S21 and the tenant left as per the S21 the agent should have been ready for the tenant's departure at that time."

just because a LL issues a tenant with their Notice to Quit - does not mean to say that the tenant will leave (let alone leave on any particular date) - as we have discussed many times before (and will do again no doubt) - tenants needing local authority housing will be advised to stay after the Section 21 has expired.

i suggest that your dedication to Section 21 sometimes blurs your view of the practicalities of life and moving house.

Communication is the key .....

i rest my case

franklee

clutton wrote: »

Franklee - in the 10 years i have been doing this, i have NEVER had a tenant move out exactly on the day forecast - life gets in the way - other properties dont become vacant on time; a tenant changes their mind; the moving van does not arrive; kids get sick; benefit money is late arriving - and on and on it goes

finalising a tenancy (as i have said so many times) is about communicating with each other and neither landlord nor tenant is a mind reader

i find it very said Franklee that even when we do agree - you can not see that we agreee !!!

this is not a war - its about finding more ways of making tenancies easier for boht landlord and tenant


you say ""The point I'm trying to make is that given the agent served the S21 and the tenant left as per the S21 the agent should have been ready for the tenant's departure at that time."

just because a LL issues a tenant with their Notice to Quit - does not mean to say that the tenant will leave (let alone leave on any particular date) - as we have discussed many times before (and will do again no doubt) - tenants needing local authority housing will be advised to stay after the Section 21 has expired.

i suggest that your dedication to Section 21 sometimes blurs your view of the practicalities of life and moving house.

Communication is the key .....

i rest my case

That's odd. When I was served an S21 I moved out on the dot, it didn't occur to me to do otherwise. Having served the S21 it's the agent (paid to manage the property) who should have picked up the phone to check what's going on. If you want the tenant to stay don't serve them notice - simple

tizhimi

I second that, I moved out when the S21 was served.

ShopNspend

Well I can honestly say I'm glad it's monday morning and I can now take some sort of action!

I'll ring the LA, at the very least they should be able to tell me where the deposit is/was protected, (I'm fairly hopeful of this as it appears to be a reasonable sized establishment with a number of branches) and I can hopefully pursue this through the scheme.

I guess I will have to go and route out the paperwork- I just hadn't anticipated any issues - I'm 30 now, and have rented privately since I was 16 in a number of properties, this being the first time I've had a problem with my deposit!

Thankyou for all your advice of what I SHOULD have done, I can now accept that it would have been a good idea to confirm I was leaving, but I have still acted correctly anyway.

Now to the fun and games ahead!........Wish me luck!

xxxxxxxxxxx