Given notice to quit but next place has fallen through

SilverOctopus

Hi,
I have given notice to vacate the property I am in on January 11th (we are on a periodic tenancy, with a requirement for 1 month's notice). However, the place that I was planning to move to have fallen through (the landlord was dragging his heels, but promised me that it would go through).

Obviously I am desperately looking to secure something else before January 11th, and I have also been in touch with my current landlord, but he is unwilling to offer me any kind of extension. He doesn't have somebody else moving in, but obviously he is under no commitment to keep me on.

There is basically nothing on the market at the moment (not even a 1 bed flat), and with letting agents closing up for Xmas, it is even more difficult.

I am also looking at the possibility of putting things in storage and staying in a hotel for a while, but it is extremely expensive and we also have two young children, which makes it far from ideal.

I feel pretty stupid to have put us in this situation, but I took the new landlord on face value.

If I am not able to secure something before Jan 11th, what are my options?

Thanks,
Paul

BitterAndTwisted

I'd stay put. If your current landlord really wants you out they will have to serve you with a Section21 Notice which gives you two months before they need to go to court to seek a possession order. But I hope that you and your family will have found something before then.

FinAdv

I agree with BitterAndTwisted. Tenants rights are very strong and it would take a while before he can really throw you out. This will give you reasonable time to find something else. Moreover, as you mentioned he doesn't have anyone at the moment waiting to occupy the property.

I know its not your landlords fault that your deal fell through. You should've secured the property and then given the notice. But whats done is done now. You cant stay on the road with 2 children!!! So, just stick around and look for a new place asap.

mlz1413

Much as though i would hate to impose on my current LL by staying put I think this is probably your best option too.

Pay the rent and if its accepted then a contract is deemed to be created.

I would think when the LA's open in the NY then they will move quickly to get you in somewhere.

Only other thing I can think to do is place a Wanted advert in the local paper / gumtree etc and hope someone who is looking for a T will find you.

G_M

What happened to Christmas spirit?! Pity the landlord! He's accepted your notice, muttered "Oh well, there goes an excellent tenant. Still, better get started advertising the property over Christmas".

He's incurring cost and time. Give him a ring!

Wish him a happy Christmas, and explain your predicament. Whether he's happy about this or not, at least it stops him incurring more unnecessary cost and spending time on re-letting. He might even be (prematurely) signing a new contract with new tenants who are also going to be homeless when you unexpectedly don't move out!

And who knows - he might be delighted you're staying (after all, you're not the tenant from hell are you?)

Oh, and how about a Christmas bottle of wine for his trouble? Needn't be an expensive one but the gesture goes a long way to mend fences.......

Meatballs

I get the impression from the OP that he has spoken to LL and told him the reasons why...

G_M

get the impression from the OP that he has spoken to LL and told him the reasons why...

Sorry - missed that sentence. You're right.

mrhillier

BitterAndTwisted wrote: »

If your current landlord really wants you out they will have to serve you with a Section21 Notice which gives you two months before they need to go to court to seek a possession order.

My understanding of this situation was that, if the tenant has served their notice properly in writing, a Section 21 is not required from the landlord as the tenant's notice is just as enforceable as an S21.

If this is the case then the landlord could apply for a possession order as soon as the tenant's notice expires. It could still take a while for that to happen, and the court could grant an extension before you're evicted, but unfortunately you don't get the extra 2 months notice that you usually do with a Section 21.