Two months' notice?

Tiddlywinks

Hi OP, good to hear that you're on the mend - the most important thing now is to minimise the stress of the situation as you want to keep getting better.

With that in mind, the LL is most unlikely to change her mind about wanting the house back as you've said that she wants to move back in herself rather than rent again or sell. Yes, others have pointed out that you could prolong the process and make her work to get you out BUT do you really, really want the stress of that?

The weather's been a bit dodgy for a while so many agents may not have been out to get property details and many LLs may also have been unable to do stuff - now most areas are settling down so there may be more adverts appearing soon.

Go to Yell.com and find all the letting agents in your area and then email or call them saying that you are looking for a quick move. I've found that the smaller firms tend to be hungrier for business and may be more proactive in helping you find something.

Which area are you in?

crafty*kate

Thanks all for your helpful comments. It is so good to get an outside perspective sometime.

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.

Thanks Chrism....from some of the other posts I thought maybe I was missing something there. That's ok then.

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.

Yes I think this is what has confused me!

tyllwyd....re my surgery. I am going to phone on Monday and see if they have a date for it yet. That would help a lot. I currently have an ileostomy and this surgery will be to have it reversed - it's not minor surgery but is not as major as the other stuff I've already had done. I may see if I can delay it, but I think that is likely to make recovery more difficult (the longer you have a stoma, the harder it is to go back to normal bowel habits). I will talk to my nurse on Monday. I agree - it would be easier to move before I have surgery if I can. But I don't think I will have the luxury of waiting a couple of months after my surgery to move.

With that in mind, the LL is most unlikely to change her mind about wanting the house back as you've said that she wants to move back in herself rather than rent again or sell. Yes, others have pointed out that you could prolong the process and make her work to get you out BUT do you really, really want the stress of that?

Tiddlywinks - absolutely of course not. I like to think I've been a good tenant and I have no intention of making things difficult now. It wouldn't be fair to my LL and I don't need the stress.

I've booked a couple of viewings for Monday through the same agent I am currently renting with, and I shall be phoning round in the morning to see what else is available. I can do this I'm on the Isle of Wight, btw.

tbs624

gauly wrote: »

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!).

Thanks for your comment. You will find "spirited" discussion of this issue elsewhere online.

You will have noted that my post, which was referring to the OP's Stat periodic tenancy ( rather than one still within a FT) did carry the rider "Clarify with Shelter" I have now also edited the original post to include the phrase "some hold the opinion that".
Am happy to further amend if there is definitive guidance from others with legal qualification.:)

On a general note, when most LLs serve a S21 they have at the back of their mind: " I do hope the T doesn't put me to the effort/cost/stress of pursuing this to court, with the usual delays in regaining possession". If serving a S21 I'd be happy for a T to tell me they needed to go sooner because they had now found somewhere to move to.

crafty*kate

If serving a S21 I'd be happy for a T to tell me they needed to go sooner because they had now found somewhere to move to.

I am hoping that this will be the case I have had had a pretty good relationship with this LL so I hope that -providing I can find somewhere suitable - I can move quickly.

tbs624

crafty*kate wrote: »

....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!)

Some LLs will use a suitable timed S21 ( either on its own or alongside other Notices) to get rid of a troublesome T but generally speaking a S21 Notice is a "no fault" notice to begin regaining possession of the property and does not mean necessarily that you have done anything "wrong" as a T.

If the property you are renting under an assured tenancy used to be the LLs own home they can make use of a specific Ground ( if T made aware at the start) :

Ground 1

Not later than the beginning of the tenancy the landlord gave notice in writing to the tenant that possession might be recovered on this ground or the court is of the opinion that it is just and equitable to dispense with the requirement of notice and (in either case)—

(a)at some time before the beginning of the tenancy, the landlord who is seeking possession or, in the case of joint landlords seeking possession, at least one of them occupied the dwelling-house as his only or principal home; or

(b)the landlord who is seeking possession or, in the case of joint landlords seeking possession, at least one of them requires the dwelling-house as [F1his, his spouse’s or his civil partner's] only or principal home and neither the landlord (or, in the case of joint landlords, any one of them) nor any other person who, as landlord, derived title under the landlord who gave the notice mentioned above acquired the reversion on the tenancy for money or money’s worth.