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advise on section 21 please!
Comments
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Perhaps it might be an idea to approach your landlord and ask why he wants you to leave. Possibly it's for a reason that can be delayed. Explain about your finals and see if you can compromise - often communication produces surprising results
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worriedtenant wrote: »well we moved in on 7th of the month... and money has been taken from our account for rent on 5th 6th and 7th of the last few months according to my bank statements... so i'm not sure... it appears to depend on the month!
eithern way, surely by posting it so it arrived yesterday (6th), not promptly on the 5th March, and asking for vacancy by 5th may, they're not giving us 2 months, so they're not fulfilling their part of the bargain and we could ignore it?!
5th to the 5th is two months and one day not two months! If you are on a periodic tenancy you are able to counter with your own notice of one month, or you could negotiate with the landlord to be released earlier than the 5th May - with your finals coming up I suspect this will be the best option for you. You may need to sign an AST of six months in your new home so the quicker you move the more benefit you will get from this.
As a student you probably don't have that many possessions so the physical act of moving should not be too time consuming, just take the first place that comes up even if it is a dump. Your university accommodation service may be able to support you finding a short let, even a space in halls. Try not to panic, keep all your tutors informed and use the 'mitigating circumstances' system if necessary. I am sure your parents will also be willing to help organise the move given your finals are imminent.Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️0 -
Well of course the landlord expects proper notice from the tenant too but I'm appalled you imply a tenant wanting proper notice from a landlord should result in threats of a bad reference.Blacksheep1979 wrote: »Maybe not - but then, as said, don't be surprised if the landlord does exactly the same thing in return. Also will you be needing a reference for the next property...0 -
Well of course the landlord expects proper notice from the tenant too but I'm appalled you imply a tenant wanting proper notice from a landlord should result in threats of a bad reference.
Should you not be appalled by the fact that people often serve a section 21 near the start of a tenancy without the tennant really knowing what that's all about? It happens and is totally correct - landlords can be totally correct to the detriment of a tenant if they so wish. Don't rub them up the wrong way I'd say?
It's realistic - not just the reference but the fact that a small tea stain on a carpet may well be overlooked by a friendly landlord but if you annoy them by playing ONLY to the letter of the law, they will reciprocate and "mark harshly" on any check out... :eek:
OP - speak to your landlord. If that goes well, excellent, if not, you can consider being absolute in the serving of notice dispute.If this post wasn't up to your standards, please lower your standards...0 -
Yes but it's still a day early.5th to the 5th is two months and one day not two months! If you are on a periodic tenancy you are able to counter with your own notice of one month, or you could negotiate with the landlord to be released earlier than the 5th May - with your finals coming up I suspect this will be the best option for you. You may need to sign an AST of six months in your new home so the quicker you move the more benefit you will get from this.
The tenancy stated on 7th. So the period is 7th to 6th of the following month and includes both days. Landlord's notice for a periodic tenancy needs to be at least two whole periods and to end at the end of a period.
Therefore notice will need to be served at the latest the 6th asking for possession "after 6th" two months on. This gives the tenant two periods notice, the first day being the whole of the 7th and the last day the whole of the 6th. In practise as people don't hang about at midnight the tenant leaves during the day on the 6th. That is unless the tenancy argument specified a start time as well as a date, in which case the tenancy could say start at midday on 7th and end at midday on 7th.
Either way as far as I can see the 5th is not a relevant date as the end of the landlord's notice needs to correspond with the end of a period.
It's too late for the OP to counter with a months notice as the tenant's notice needs to be one whole period ending at the end of a period. So if the OP serves notice today it'd need to end on 6th May anyway.
OP double check the dates written in your tenancy agreement to confirm start and end dates of the fixed term!
As for negotiating with the LL etc. the OP can do that if he wants but that's best done knowing the rules.0 -
worriedtenant - i would just move and save yourself the hassle. Speak to the LL and see if he will release you earlier than he asked for if you find somewhere else soon, explain your situation regarding exams.
You dont want the hassle of moving, but if you stay and go the court route you'll always have that worry in the back of your mind about whats happening with it, whether you'll win or him, even though you know you wont have to move until he's sorted it through the courts, you'll still be getting hassle. Plus you'll have the added worry of finding somewhere else to rent after you've messed this LL about.
Really, if you want the least amount of stress, start looking to move ASAP and get it over and done with.:jProud mummy to a beautiful baby girl born 22/12/11 :j0 -
Yes I am appalled by Sword of Damocles approach to the S21 as you can see from my signature.Should you not be appalled by the fact that people often serve a section 21 near the start of a tenancy without the tennant really knowing what that's all about? It happens and is totally correct - landlords can be totally correct to the detriment of a tenant if they so wish. Don't rub them up the wrong way I'd say?
It's realistic - not just the reference but the fact that a small tea stain on a carpet may well be overlooked by a friendly landlord but if you annoy them by playing ONLY to the letter of the law, they will reciprocate and "mark harshly" on any check out... :eek:
OP - speak to your landlord. If that goes well, excellent, if not, you can consider being absolute in the serving of notice dispute.
There are also plenty of landlords try it on with deposit deductions anyway so the tenant should be collecting evidence of that tea stain and the deposit is protected. Also landlords do, quite rightly, charge tenants rent if the tenant didn't give proper notice. So I don't see why the rules should fly out of the window and threats should be given when a tenant wants the correct notice.
Besides once the tenant knows what the correct notice should be he can then decide how to handle things. Moving in the middle of final exams is serious, why is no one saying a landlord who lets to students should have some respect for finals?0 -
Because a landlord doesn't (have to) give two hoots about the personal circumstances of their tenants. I'm at the exact same stage of studies right now as the OP and would be very aggrieved if I was given two months notice now. I'd go as far as to say that I'd be pretty upset!
My advice still stands; I'd speak nicely to the landlord, see if you can either go early (not ideal) or stay a little longer to get the exams done.
BTW - been reading your signature for ages franklee and rifling through an old tenancy agreement, see that I in fact signed a S21 ON THE SAME DAY AS SIGNING/TAKING UP THE TENANCY! It was notice for reposession at the end of the 6 month term I was signing for. Quick question (sorry OP!) - if I signed a new tenancy agreement for the same place, with a different agent, does this S21 stand, or become null and void?If this post wasn't up to your standards, please lower your standards...0 -
Because a landlord doesn't (have to) give two hoots about the personal circumstances of their tenants. I'm at the exact same stage of studies right now as the OP and would be very aggrieved if I was given two months notice now. I'd go as far as to say that I'd be pretty upset!
My advice still stands; I'd speak nicely to the landlord, see if you can either go early (not ideal) or stay a little longer to get the exams done.
Yes but if all else fails the OP by knowing the rules knows he can stay on
Signing a new tenancy agreement for the same place makes the old S21 null and void. It doesn't matter of it's with a new agent or a new landlord, you still have a clean sheet when you and the agent/LL sign the new agreement although do look out to see if you get a new S21.BTW - been reading your signature for ages franklee and rifling through an old tenancy agreement, see that I in fact signed a S21 ON THE SAME DAY AS SIGNING/TAKING UP THE TENANCY! It was notice for reposession at the end of the 6 month term I was signing for. Quick question (sorry OP!) - if I signed a new tenancy agreement for the same place, with a different agent, does this S21 stand, or become null and void?0 -
Yes but it's still a day early.
The tenancy stated on 7th. So the period is 7th to 6th of the following month and includes both days. Landlord's notice for a periodic tenancy needs to be at least two whole periods and to end at the end of a period.
As for negotiating with the LL etc. the OP can do that if he wants but that's best done knowing the rules.
Completely agree: my point in noting that was two months and one day is a general one as it is a very common error. The OP (or indeed any other tenant/ landlord who might read the thread) must understand the basic maths to be able to calculate for themselves when any notice elapses ... IMO part of knowing the rules! Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️0
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