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Urgent End of Tenency/Moving out question.

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Dear MoneySavingExperts,
I currently live in a house that i rent through a letting agent from a private landlord. My original 12 month lease expires at the end of august. So i had started looking for somewhere new. 4 weeks ago my landlord, not the Letting Agent, contacted me and asked if i'd like to renew my tenency? I said yes, and everything was agreed.
However he told me not to sign any paperwork from the current Agent because he was changing and the new Letting Agents would be in touch with me at the end of July.
So everything looked lovely!
Except, a week ago he tells me that he's changed his mind! Now he wants me out when the current lease expires!!
I didn't sign anything about the renewal I only have the texts between him and me where he offered, i accepted, he ok'd.
Now currently im having no luck in finding somewhere to move to.
Where do I stand?
A number of places i've enquired about have tenants or owners moving out in early to mid september, but when i enquired with my landlord about staying the extra 2-3 weeks until then he refused.
So what am i entitled to do?
If it was just me I could probably manage but I have a wife and two young children.
Any information or advice you can give me will be greatly appreciated!!
Many thanks

Comments

  • N79
    N79 Posts: 2,615 Forumite
    Assuming English law: have you been issued with with a S21 Notice, in writing, from your LL giving you at least 2 months notice? It may have been issued towards the start of the tenancy so check the paperwork you have.
  • Would that have been issued when i originally started the lease? or is it issued as the lease end approaches?
    I've had nothing in writing other than the latter from Letting Agent informing me as to procedure re leaving the property and returning keys. But no "official" paperwork that i'm aware of.
  • N79
    N79 Posts: 2,615 Forumite
    It could have been issued soon after the tenancy started (your deposit would have had to have been protected first) or at any time during the tenancy. You would be wise to ask the LL to provide a copy of the Section 21 notice they issued you as can't seem to find a copy.

    If they have not issued you the correct notice then they will not be able to go to court to evict you and if the LL has forgotten this or is trying it on it may make them somewhat more reasonable. Of course, there is nothing to stop the LL issuing you with the correct notice now, which will have to be at least two months long and end on the last day of a rental period (in effect, 2 months from the last day of your fixed term, given how close you are to the end).
  • tbs624
    tbs624 Posts: 10,816 Forumite
    As N79 indicates, for any s21 notice to be valid, your tenancy deposit has to have been scheme registered, as required by law.

    If you don't know whether your deposit (if you paid one) has been registered by the LL/LA then get written confirmation from each of the 3 schemes - see here
  • Thanks for all the advice so far, i'll go through the tenancy paperwork this weekend and let you all know how I get on.
    I'm still hopeful that i can find somewhere suitable to move in time, I dont want any unnecessary aggro, but i do need that pesky roof over my childrens head!! If i'm lucky the landlord will allow a minor extension whilst i get my move sorted, had he not offered me the original option to stay here I probably would have somewhere lined up by now.
    But, fingers crossed! and again, Many Thanks!!
  • 355marcus
    355marcus Posts: 9 Forumite
    Ok, I've gone through my stuff and appear to have a Section 21 notice. It is dated 15th June 2010.
    It states that they require possession of the house upon expiry of the notice (by virtue of Section 21 of the Housing Act 1988). It states that date as being the same date I know my tenancy ends.
    The notes at the bottom state that the notice must be served before proceedings for possession can be brought under Section 21.
    Also that at least 2 months notice must be given requiring possession of any premises let as an assured shorthold tenancy before it takes effect.
    So where does this leave me?
    I think i've found a suitable new place to move into, but it wont be available until early September, and my tenancy here ends 24th August.
  • silvercar
    silvercar Posts: 49,556 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    Section 21 is only the first stage, if you refused to leave he would have to go back to court to get an eviction order and if you still refused he would then need to get baliffs appointed. With this in mind I would tell him that you will leave in September.

    Assuming you pay rent monthly, you will need to give notice before 24th August that you will leave by 23rd September as once the fixed term end is past, you are obliged to give a month's notice to end at the end of a rent period.
    I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • tbs624
    tbs624 Posts: 10,816 Forumite
    355marcus wrote: »
    Ok, I've gone through my stuff and appear to have a Section 21 notice.
    ....remember it's only valid if it your tenancy deposit has been scheme-registered, so have you checked up on that yet?
  • tbs624 wrote: »
    ....remember it's only valid if it your tenancy deposit has been scheme-registered, so have you checked up on that yet?

    My deposit was registered with TDS, Tenancy Deposit Service at the outset, I've just found it in my paperwork! (I do love my filing cabinet!!)
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