Quick Q about inventory/giving notice and S21.

shellsuit

clutton wrote: »

why not just talk to your landlord explain your situation and come to an agreement .as to when you can leave ...

I can never get hold of her. I have one number for her, but she never answers, and if she does, she will text about a fortnight later. I have never had an emergency number in all the time I have been here, for when it's the weekend or the agents are away.

She will ask me to contact the agents though, as that's what she pays them for.

(Well that's what she told me last time when I had a bad leak and it was the weekend)

Honestly, since I have been here, they have never inspected the property, the agents don't listen when I have rang to tell them about disrepair ~ one year the gas cert was never done (think there is a thread about it on here) and I couldn't get anywhere! (Even the council or HSE wouldn't help me). I have kept the outside of the house up to stratch myself as nobody would do anything, even though the outside has nothing to do with me (according to the agreement).

The sooner I get out of here, the better, but I don't know how we'll be able to afford the rent on this place, plus the rent on the new place at the same time.

BitterAndTwisted

The vast majority of landlords are decent, especially if you've been in the property so long and you have only given them cause for concern about the rent only once in nearly twelve years. The most important thing to a landlord is receiving the rent when it's due, after that it's continuity of let with no void periods and then it's receiving the property back in exactly the same state it was when the tenancy started.

In your particular circumstances I believe that your landlord should be amenable to your giving less than one month's notice BUT you should be prepared to be flexible about prospective new tenants' viewings, so your landlord would not have to bear a void-period after you leave.

The past issues about repairs are not material now. What you should have done is to not rely purely on telephone calls but to put everything in writing but it's too late to worry about that now, but you should pay attention to this in your new property.

theartfullodger

This agreement may be used for residential tenancies of three years or less. Agreements for tenancies of a longer duration should be drawn up by deed.

Doesn't matter - the original tenancy was (?) say 6 or 12 months... it can thencarry on indefinitely as "periodic"

Cheers!

Lodger

shellsuit

BitterAndTwisted wrote: »

The vast majority of landlords are decent, especially if you've been in the property so long and you have only given them cause for concern about the rent only once in nearly twelve years. The most important thing to a landlord is receiving the rent when it's due, after that it's continuity of let with no void periods and then it's receiving the property back in exactly the same state it was when the tenancy started.

In your particular circumstances I believe that your landlord should be amenable to your giving less than one month's notice BUT you should be prepared to be flexible about prospective new tenants' viewings, so your landlord would not have to bear a void-period after you leave. The LL might be, but in the past I have never been able to get hold of her and when I do, it is when she replies around a week to a fortnight later. I don't mind at all people coming to view, so long as they don't mind all the bags and boxes that will be everywhere lol

The past issues about repairs are not material now. What you should have done is to not rely purely on telephone calls but to put everything in writing but it's too late to worry about that now, but you should pay attention to this in your new property.

I should have written letters to say A. there is a flood, B the roof is leaking, C the boiler has packed up etc?





Can anyone give me a definite answer though please of whether I could give less than 4 weeks/a month because of the S21.

I need to know everything beforehand, as if I can't get hold of the LL and the agents start being arrrsey with me, at least I'll know where I stand.

I'm sure I've read that because the S21 has been served, that they could ask me to leave whenever they like, but give me 2 months notice, whereas I could leave tomorrow if I wanted to because of the S21.

shellsuit

theartfullodger wrote: »

Doesn't matter - the original tenancy was (?) say 6 or 12 months... it can thencarry on indefinitely as "periodic"

Cheers!

Lodger

That's fine, thought I would just query it as I didn't know if it would make a difference. It was a 6 month tenancy at the start though.

BitterAndTwisted

A soon as you know what the deal is with the new place communicate with the agents in writing, giving them as much notice as possible but at least one calender month, this should give them enough time to communicate with the landlord. Who cares if the agents get arrsey with you, they are only the landlord's pawn and do whatever it is that the landlord instructs them to.

And in answer to your previous question: yes, you should have written that A. there is a flood, B the roof is leaking, C the boiler has packed up every single time any of that happened. You probably didn't know that at the time but you do now.

shellsuit

BitterAndTwisted wrote: »

A soon as you know what the deal is with the new place communicate with the agents in writing, giving them as much notice as possible but at least one calender month, this should give them enough time to communicate with the landlord. Who cares if the agents get arrsey with you, they are only the landlord's pawn and do whatever it is that the landlord instructs them to.

And in answer to your previous question: yes, you should have written that A. there is a flood, B the roof is leaking, C the boiler has packed up every single time any of that happened. You probably didn't know that at the time but you do now.

You are joking about the last part aren't you?

So there is water pishing everywhere/things soaking wet/freezing cold&no hot water, and I have to write a letter, post it, wait to see if it gets delivered, then wait to see what they are going to do about the flood/leak/boiler?

I know that I should put anything that can wait in a letter, but for an emergency?






I'd still like the notice/S21 question to be answered though, I need to know before I attempt to give notice, so I know how much notice I can get away with giving.

Smi1er

BitterAndTwisted wrote: »

It sounds to me that you will have to give one month's notice coinciding with the rent-payment date.

You sure? It should coincide with the rent due date which is sometime different to rent payment date.

BitterAndTwisted

shellsuit wrote: »

You are joking about the last part aren't you?

So there is water pishing everywhere/things soaking wet/freezing cold&no hot water, and I have to write a letter, post it, wait to see if it gets delivered, then wait to see what they are going to do about the flood/leak/boiler?

I know that I should put anything that can wait in a letter, but for an emergency?






I'd still like the notice/S21 question to be answered though, I need to know before I attempt to give notice, so I know how much notice I can get away with giving.

I wasn't joking but I really should have been more clear: in an emergency obviously you telephone but you should always follow this up with a written confirmation. This way, you have proof of when you brought the matter to the LA's attention and should they fail to do any repairs in a timely fashion you have a paper-trail for future reference should you need to take more assertive steps to encourage them to do so at a later date.

In answer to your enquiry about the notice-period: I believe that you have already been advised more than once that you should give one month's notice BUT your landlord might be amenable to accepting less if you keep the lines of communication open by discussing the possibility of leaving earlier with their letting agent as soon as possible.

N79

A S21 notice does not absolve a T from giving the necessary notice if they wish to leave before the expiry of the notice.

Therefore if you pay rent monthly then you need to give 1 months notice to end on the last day of a rental period (and not on your rent due date as someone said earlier in the thread).

You can find you rental period by remembering the last date of the fixed period of your tenancy. If paying rent monthly then the rental period will start from the day following the last day of the fixed period.

Eg. Fixed period ended 15 Jan. Rental period = 16 -15th each month. Notice would need to be given before the 16th of the month to expire on the 15th of the following month (assuming rent paid monthly)