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Letting agent has not confirmed renewal

13

Comments

  • westv
    westv Posts: 6,508 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    tbs624 wrote: »
    If you have already been served with a s21 Notice of Intent to Repossess, earlier in your tenancy, and you don't move out, they can then proceed straight to court after your FT expiry.

    With a good tenant how likely is it that a LA would proceed to this (pointless?) course of action?
  • tbs624
    tbs624 Posts: 10,816 Forumite
    I'd agree with you that it would be stupid of a LL who has a good T in place to lose them because of a greedy LA, but it depends how much influence a gobby LA has over the LL and whether the property is a particularly sought after one which would easily re-let, and at a higher rent.

    The sad thing is that many LAs don't understand the rules around Stat Periodics and many LLs know very little about what their LA does on their behalf.

    My comments were merely answering the OP's "can they make us go in 10 days" query :smiley:
  • westv
    westv Posts: 6,508 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    tbs624 wrote: »
    I'd agree with you that it would be stupid of a LL who has a good T in place to lose them because of a greedy LA, but it depends how much influence a gobby LA has over the LL and whether the property is a particularly sought after one which would easily re-let, and at a higher rent.

    The sad thing is that many LAs don't understand the rules around Stat Periodics and many LLs know very little about what their LA does on their behalf.

    My comments were merely answering the OP's "can they make us go in 10 days" query :smiley:

    Oh no, I fully agree with you. I was just wondering how far a LA would go on the "bluster" stakes to try and prove an incorrect point.
  • angrypirate
    angrypirate Posts: 1,151 Forumite
    Ignore all communications with them unless they give you the 2 months notice in writing. They have to give you this 2 months notice and they know this. If they send you in writing the 2 months notice prior to the 11th September, then that takes you to the 11th November. If they fail to do this prior to the 11th September (but send it before the 11th October) then you have somewhere until the 11th December.
  • aldredd
    aldredd Posts: 925 Forumite
    edited 1 September 2010 at 2:30PM
    tbs624 wrote: »
    If you have already been served with a s21 Notice of Intent to Repossess, earlier in your tenancy, and you don't move out, they can then proceed straight to court after your FT expiry. If they haven't yet served one they have to do so with the two months running to tie in with your "rental period" and again, if you didn't go to tie in with the notice, they would have to proceed to court. (costs heading your way, though)

    You can give them one month's notice at any point but, again , it must tie in your rental period.

    Did you manage to contact your LL direct about all of this?

    They haven't served any notice as yet. No intention of not moving out if they ask though (as long as issued within law etc).
    Are there any 'side effects' to being served notice rather than going on own accord? No record is there?

    And with giving them my notice - are you saying I can give 1 months notice even if they have already given me my 2 months? (from end of rental period of course)

    I think once we know we're getting the new place, (next day or 2 I hope) I'll just give them notice and if needs be, we'll have to stay with parents until new place is ready.


    Thankfully, the new place we're getting is direct with the land lord, so hopefully less of these sorts of issues.
    Actually, it's a friend of ours we will be renting from. May not sound like a great idea to some, but it's all going through the books & deposit schemes etc, plus he's giving us a better rate than he's normally ask for!
  • angrypirate
    angrypirate Posts: 1,151 Forumite
    aldredd wrote: »
    They haven't served any notice as yet. No intention of not moving out if they ask though (as long as issued within law etc).
    Are there any 'side effects' to being served notice rather than going on own accord? No record is there?

    And with giving them my notice - are you saying I can give 1 months notice even if they have already given me my 2 months? (from end of rental period of course)

    I think once we know we're getting the new place, (next day or 2 I hope) I'll just give them notice and if needs be, we'll have to stay with parents until new place is ready.


    Thankfully, the new place we're getting is direct with the land lord, so hopefully less of these sorts of issues.
    Actually, it's a friend of ours we will be renting from. May not sound like a great idea to some, but it's all going through the books & deposit schemes etc, plus he's giving us a better rate than he's normally ask for!
    If you get the place you want you dont even need to give them notice - you can just move out on the day - just remember to cancel the rent standing order!!!!
  • aldredd wrote: »
    Are there any 'side effects' to being served notice rather than going on own accord? No record is there? No, nothing on your credit-file or anything like that. The Section 21 Notice just signifies the landlord's intention

    And with giving them my notice - are you saying I can give 1 months notice even if they have already given me my 2 months? (from end of rental period of course) YEP!

    Here's hoping everything goes the way you want it to
  • aldredd
    aldredd Posts: 925 Forumite
    They are now demanding I let them know my intentions.

    If I give notice, am I obliged to give '1 month', or can I give 2? (They can't insist I only take 1 can they?).

    And, if so, if I then decide I only want to give 1 month, can I give a new notice giving just 1 month (assuming within rental periods etc), or am I obliged to see out my notice?
  • aldredd
    aldredd Posts: 925 Forumite
    edited 2 September 2010 at 1:53PM
    One other question (sorry)...
    I really want the Land Lord to receive a copy of the notice I'm writing up - so she at least knows the reasons behind me leaving (ie Naff LE). If I write a letter addressed to the LL - but 'posted' to the rented property address - when I then hand this letter to the LA, are they obliged to forward this on to the LL, or could it be that they have instruction to open any mail relating to the property?

    here is the letter I intend to send - nothing too snidey, but want them to know how I feel :o)
    I write regarding the Assured Shorthold Tenancy agreement on the above mentioned property.

    As we hadn’t heard back from you following our initial letter in July, we were of the assumption you were happy for us to transfer onto a Periodic Agreement effective xyth September 2010, which by law happens automatically if a new fixed term agreement is not agreed.

    Your subsequent communication has made it clear that you do not wish to allow us to move onto such an agreement. It would seem that the stance of the company is to charge unjustifiable and excessive (in relation to what is being provided) fees to boost profits, at the expense of reliable and trustworthy tenants.

    For this reason, we hereby give notice of our intention to vacate the property.

    Due to the last minute nature of this decision, we would like to give 2 months notice, effective from the last day of the current rental period.

    We believe our last day to be the xyth November 2010, (based on xyth September + 2 months) but please advise if you think this is incorrect.
    <usual blurb / maybe say thanks to the LL etc>
  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    tbs624 wrote: »
    I'd agree with you that it would be stupid of a LL who has a good T in place to lose them because of a greedy LA, but it depends how much influence a gobby LA has over the LL and whether the property is a particularly sought after one which would easily re-let, and at a higher rent.

    The sad thing is that many LAs don't understand the rules around Stat Periodics and many LLs know very little about what their LA does on their behalf.

    My comments were merely answering the OP's "can they make us go in 10 days" query :smiley:
    Gobby LA probably stands to gain more from a spurious 'renewal fee' than they stand to lose from a void. So they are prepared to make tenant move and let LL suffer a void.

    We have already seen one thread this week where the Agent gave notice on a tenant much to the surprise for the LL when the tenant moved out.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
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