Do you we have to be out in weeks?!

ics2s3b

Hi guys,

Bit of help here would be much appreciated!

We were served a Section 21 in April for our impending exit from our property in June. So far so good!

We then asked to extend for 1 month as we were looking to buy a property. The purchase subsequently fell through so we asked to extend for a further six months (which was the length of extension they said would be okay) on top of the 1 month extension and it was all good.

The landlord has now turned round to the agent and said it's a year or nothing, so we're moving. Given that we now have less than 1 month until our current tenancy is up...does this mean we have to be out in 20 days or do they have to re-issue a Section 21?!?!

Flapping a bit it must be said so any help would be much, much appreciated!

Evilm

From previous threads it looks like if they have already served the Section 21 they don't have to do it again.

N79

Do you have a written agreement for the extension and if so does it:

a. Simply say the LL will delay enforcement action for a month
or
b. State that the LL was happy for you to remain in the property for a month.

Also

c. has your LL offered you a 12 month renewal in writing.

If the answers to b or c are yes then the chances are that your LL has taken a course of action inconsistent with the S21 which is likely to have invaildated it. If you have nothing in writing or if the answer to a is yes and b and c is no then the S21 is still valid and will remain so indefinately.

Of course, if you remain beyond the end of the month then your LL will still have to go to court to evict you - in practice a process which will take several months. You do not have to leave until a court orders you to although obviously if you force your LL to court you will not get a good reference.

Mr.Mulla

You might find some informations and answer to your questions here:

http://www.tenancyagreementservice.co.uk/section-21-notice-to-quit.htm

ics2s3b

N79 wrote: »

Do you have a written agreement for the extension and if so does it:

a. Simply say the LL will delay enforcement action for a month
or
b. State that the LL was happy for you to remain in the property for a month.

Also

c. has your LL offered you a 12 month renewal in writing.

If the answers to b or c are yes then the chances are that your LL has taken a course of action inconsistent with the S21 which is likely to have invaildated it. If you have nothing in writing or if the answer to a is yes and b and c is no then the S21 is still valid and will remain so indefinately.

Of course, if you remain beyond the end of the month then your LL will still have to go to court to evict you - in practice a process which will take several months. You do not have to leave until a court orders you to although obviously if you force your LL to court you will not get a good reference.

We emailed the Lettings Agent confirming that we were extending for one more month...

sequence

I would have thought you'd have had a few months after the sect 21 for them to get bailiffs and the like ?

casper_g

ics2s3b wrote: »

We emailed the Lettings Agent confirming that we were extending for one more month...

...and did they ever reply to your email? And was the offer of a further year's contract made verbally or in writing?

G_M

ics2s3b wrote: »

We emailed the Lettings Agent confirming that we were extending for one more month...

For goodness sake! N79 gave some very specific information, with very specific questions.

Your answer is meaningless. I can email anyone I like about anything I want. It does not mean they agree. It does not alter a contract I have.

Answer the questions if you want good advice!

franklee

ics2s3b, your posts so far all concentrate on what you asked the LL and/or Lettings Agent. You aren't giving any information about the crucial point which is what they told you and exactly what they agreed to.

I believe it works like this which was on the website of a well known LL&T solicitor a few years ago:

"8.If the landlord agrees to the tenant extending the tenancy for say a week or ten days after the section 21 Notice expires then the Notice will be void and would have to be served again. Never agree an extension for a short period of time without the consent of the landlord, and warning him his Notice would be void.

9.If the landlord or agent writes offering to extend the tenancy any Section 21 Notice served prior to the letter or at the same time as the letter will be technically void, as there is a conflict between the two actions."

Obviously getting it confirmed in writing is what you should have done as verbal agreements are so much harder to prove if one side denies them later.

Even if the S21 turns out to be valid you don't have to leave till the landlord gets a possession order from court and even then you can hang on till he get bailiffs round. All of which takes at least a few weeks to maybe a few months depending on how busy the court is. In that case your reference is likely to be pants.

OTOH if the S21 is now void they may argue that there was an agreement for you to stay and therefore that you are in the wrong for leaving without giving notice and charge you rent up until the point at which you could have served notice to.

You need to get this sorted out in writing.

ics2s3b

Thank you all for your replies, Franklee and N79 especially.

Most of our contact with them has been verbal. We were asked verbally to e-mail the Letting Agent's office confirming that we would be extending for a further month. This leads me to believe that the S21 is now invalidated and another needs to be issued as we extended, not the delay of the enforcement.

Spoke to them this evening as they have arranged a viewing for tomorrow and made them aware of this. They said that they only dealt with fixed term contracts and that it wouldn't go to a rolling contract.

My understanding is that will any fixed term Assure Shorthold Tenancy is that it automatically goes to rolling unless a S21 is actioned, however the S21 is now invalid so they need to re-issue.

This sound about right?

A quick call to ARLA in the morning may be in order too

ics2s3b

casper_g wrote: »

...and did they ever reply to your email? And was the offer of a further year's contract made verbally or in writing?

Will have to get back to you on the reply as it was sent from the gf's email account.

Offer of a further 6 months was made verbally.