Two months' notice?

tbs624

Brb wrote: »

Private LLs sometimes put adverts in the local pet shop window etc.

Pet shops eh? Ironic isn't it when so many LLs seek to deny a T the possibility of keeping a pet. Perhaps it's a case of "T required, must be house trained and come to heel when called".......;)

Brb

tbs624 wrote: »

Pet shops eh? Ironic isn't it when so many LLs seek to deny a T the possibility of keeping a pet. Perhaps it's a case of "T required, must be house trained and come to heel when called".......;)

LOL the irony had escaped me yes!

I've always wanted a dog but always been told no. Now have a LL that didn't mind when I looked after a friend's rottweiller. Wished he'd said no. Don't want a dog anymore haha (and I bet my current LL would let me too).

crafty*kate

tbs624 wrote: »

Pet shops eh? Ironic isn't it when so many LLs seek to deny a T the possibility of keeping a pet. Perhaps it's a case of "T required, must be house trained and come to heel when called".......;)

Heh heh....yes, indeed ironic. I do have a cat but he is very well behaved. Hopefully I will find someone who will take us both!

Brb, good point about packing now while I am fit. I really don't want to before Christmas, but actually it is a good idea. I shall start hunting boxes.

I am viewing a couple of places on Monday. The letting agents I am currently with don't seem desperately worried about finding me somewhere else, so I'm hoping I can find someone else who is more helpful!

Emmylou_2

As a PP has said, a S21 is not a "notice to quit" but a notice informing you that the landlord wishes to apply to the Court for a Possession Order (which can take a while to get a Court date, and then a date is given, but they have to get Court bailiffs lined up which can also take a while).

But before they can get one of those, they need to have complied with the Deposit Protection Rules. Which means that your deposit needs to be lodged with one of the three official schemes, and you have recieved their "prescribed information" within 14 days of this happening.

Has your landlord done this? If not - DO NOT LET ON. Stay put and when it comes to the LL getting a Court date, go to Court and say that she hasn't protected your deposit. The s21 is invalid. And everything would go back to the beginning - another two months' notice starting on a rental period, another waiting period for the Court and bailiffs...

kerri_gt

I have just read your post and wanted to offer my support. Moving is a huge upheaval and I'm not surprised that after eveything you have been through, and still the op to face, it's all very overwhelming. We moved house last Dec after renting the same place for a considerable numbers of years, looked at loads of places, finally found one with the right rent in the area we wanted...everything in place to move the week before xmas then two weeks before the move date it all fell through. I know this is nothing to you battling illness on top of a move but I was distraught - xmas on it's way and no house to move to. Although we didn't have to be out of the flat until the Jan, we wanted to move by Xmas. Cue two weeks of frantic hunting, and a very busy weekend viewing places and we found the lovely house we're in now. I think the LL was a bit taken aback that we wanted to move so quickly (most people don't want to move at xmas) but things couldn't have worked out better. We have a brilliant house (better than the original one) and a great LL, so there are silver linings out there.

Good luck with the house hunting, and deff let friends/family help you out. xx

gauly

tbs624 wrote: »

If you found a new place then you can simply leave at any time up to the end of the month for which you have just paid but will be obliged to pay a further month's rent if you stay put beyond the expiry of that rental period. (Clarify with Shelter.)

I'm 99% certain this is not true. You will have to pay rent to the 4th of February now (unless you gave notice yesterday to leave on the 4th January!).

crafty*kate

Emmylou wrote: »

As a PP has said, a S21 is not a "notice to quit" but a notice informing you that the landlord wishes to apply to the Court for a Possession Order (which can take a while to get a Court date, and then a date is given, but they have to get Court bailiffs lined up which can also take a while).

But before they can get one of those, they need to have complied with the Deposit Protection Rules. Which means that your deposit needs to be lodged with one of the three official schemes, and you have recieved their "prescribed information" within 14 days of this happening.

Has your landlord done this? If not - DO NOT LET ON. Stay put and when it comes to the LL getting a Court date, go to Court and say that she hasn't protected your deposit. The s21 is invalid. And everything would go back to the beginning - another two months' notice starting on a rental period, another waiting period for the Court and bailiffs...

Now I am really confused :-s

The letter I have reads:
"We write on behalf on your landlord to give you notice to terminate your tenancy of the above property in accordance with the Housing Act 1988 - Section 21. Your tenancy will therefore terminate on 4th February 2011. Please note that under the terms of your tenancy agreement it is not permissible to utilise deposit monies for the purpose of rent.
You hold the property on an Assured Shorthold Tenancy as defined by the Housing Act 1988. We must now formally advise you that the landlord requires vacant possession of the property and if you remain in the property without the consent of the landlord, after the expiry of the tenancy on the above date, then your landlord will be able to commence legal proceedings to recove vacant possession of the property in accordance with the enclosed notice [actually there is nothing enclosed except a checklist]. This notice does not require you to vacat the property any sooner than the termination date specified in the notice."

So is this right, or what? It doesn't say anything about a possession order. I am slightly confused and it sounds like I may be at fault in some way.....I was given to understand that the landlady simply wanted to move back in herself. If there is a reason she is ending my tenancy I would like to know, if only so that I can correct things in future? (I really can't think of anything it could be!)

tyllwyd

First, loads of sympathy for your illness - my OH has had major bowel surgery in the last few years so I have some idea of what you are going through.

The first thing that struck me is that you said you are due to have surgery in January. What is the situation like in your area - last year my OH was told he was due to have surgery in January, but it was more like March before the operation actually took place. It's difficult to tell, but you don't want to hang on in your current place and then find the operation is delayed and you are in the middle of eviction proceedings just at the wrong moment.

Is it a minor procedure or a major one? My OH has had three ops now, and every time it has taken at least a couple of weeks to get out of hospital, and that was with me at home ready to look after him when he was out. Don't underestimate how long it will take you to recover, and if you have family you should consider going to stay with them for at least a couple of weeks before you can look after yourself. If it is full surgery, you certainly won't be able to pack or lift boxes, or drive a car.

Is the surgery urgent? If it won't risk your health, I really would delay having the op until you are settled into a new home. From my own experience, I know my OH couldn't have coped, mentally or physically, with moving until at least a few months after his operation.

Good luck with everything!

chris_m

crafty*kate wrote: »

Now I am really confused :-s

The letter I have reads:
"We write on behalf on your landlord to give you notice to terminate your tenancy of the above property in accordance with the Housing Act 1988 - Section 21. Your tenancy will therefore terminate on 4th February 2011. Please note that under the terms of your tenancy agreement it is not permissible to utilise deposit monies for the purpose of rent.
You hold the property on an Assured Shorthold Tenancy as defined by the Housing Act 1988. We must now formally advise you that the landlord requires vacant possession of the property and if you remain in the property without the consent of the landlord, after the expiry of the tenancy on the above date, then your landlord will be able to commence legal proceedings to recove vacant possession of the property in accordance with the enclosed notice [actually there is nothing enclosed except a checklist]. This notice does not require you to vacat the property any sooner than the termination date specified in the notice."

So is this right, or what? It doesn't say anything about a possession order. I am slightly confused and it sounds like I may be at fault in some way.....I was given to understand that the landlady simply wanted to move back in herself. If there is a reason she is ending my tenancy I would like to know, if only so that I can correct things in future? (I really can't think of anything it could be!)

All it is saying is that the landlady wants vacant possession from 4th February - she doesn't have to give a reason and it doesn't necessarily mean that you have caused a problem. She may want to move back in herself, she may want to sell it, there may be other reasons.

It doesn't mention Possession Order because none has been granted and, at present, none is required. If you remain in the property after 04/02 then she can go to court to seek to obtain one. It's simply not mentioned because the process hasn't reached that stage yet.

casper_g

crafty*kate wrote: »

Now I am really confused :-s

The letter I have reads:
"We write on behalf on your landlord to give you notice to terminate your tenancy of the above property in accordance with the Housing Act 1988 - Section 21. Your tenancy will therefore terminate on 4th February 2011. Please note that under the terms of your tenancy agreement it is not permissible to utilise deposit monies for the purpose of rent.
You hold the property on an Assured Shorthold Tenancy as defined by the Housing Act 1988. We must now formally advise you that the landlord requires vacant possession of the property and if you remain in the property without the consent of the landlord, after the expiry of the tenancy on the above date, then your landlord will be able to commence legal proceedings to recove vacant possession of the property in accordance with the enclosed notice [actually there is nothing enclosed except a checklist]. This notice does not require you to vacat the property any sooner than the termination date specified in the notice."

So is this right, or what? It doesn't say anything about a possession order. I am slightly confused and it sounds like I may be at fault in some way.....I was given to understand that the landlady simply wanted to move back in herself. If there is a reason she is ending my tenancy I would like to know, if only so that I can correct things in future? (I really can't think of anything it could be!)

To me, that sounds like a covering letter the slightly incompetent letting agent intended to enclose with the Section 21 Notice, but you say they've forgotten to actually include the notice itself. This probably means the landlord shouldn't actually be able to start court proceedings until 2 months after they've realised the error and served the correct notice.

Then again, if they claim in court that the notice was enclosed, maybe the court will believe them? Otherwise, what's to stop every tenant claiming there was no notice in the envelope...?