landlord selling house advice please ??

Flyboy152

jelliebeanuk wrote: »

yes, i know what a s.21 is and we only signed one for the first year, they enclosed a copy of that one with the 2nd year lease, so technically it is not correct as it has the wrong dates on...

I think either you, the agents, or your landlord, are a little confused as to the purpose or nature of a section twenty-one notice. They are not forms, or agreements, which require signing and are not accompanied in advance with a AST. They are served before the last two months of the AST, as a "notice to quit," at the end of the lease. So, for example, if your tenancy ends on the thirty-first of March. The notice will be served and dated on the thirty-first of January with a vacation date of the first of April.

Out,_Vile_Jelly

If you find phone conversations confrontational and difficult with pushy people, send them a letter stating you will only deal with them in writing, and don't answer the phone when you see their number. They are taking advantage of your good nature. Not even bothering to escort viewers is genuinely, laughably outrageous.

kmmr

jelliebeanuk wrote: »

answers to 1. & 4.
1. not having much choice, being told by phone when they are coming...
4. lease states we still have to pay the rent for the whole year if we vacate early without a new tenant....

Just on item 4, which doesn't quite seem to have been addressed in the good advice you have been given.

The lease may say you are responsible, but you are clearly not responsible if the landlord asks you to leave, and you both agree to terminate the tenancy. The LL can't have you out, and then ask you to cover the rent!

That clause just confirms your obligations under the contract. The LL also has obligations (ie to keep the property available) he just hasn't specifically mentioned them.

I would think that if it sells, you should be able to negotiate a payment for giving up your tenancy. Otherwise you can say - fine - get us out via the courts, which will take a long time, and cost the LL a lot more. Obviously that causes a lot of stress for you to, so I would personally try to negotiate with the LL politely, but make him realise you know your rights and his obligations under the contract.

Flyboy152

kmmr wrote: »

Just on item 4, which doesn't quite seem to have been addressed in the good advice you have been given.

The lease may say you are responsible, but you are clearly not responsible if the landlord asks you to leave, and you both agree to terminate the tenancy. The LL can't have you out, and then ask you to cover the rent!

That clause just confirms your obligations under the contract. The LL also has obligations (ie to keep the property available) he just hasn't specifically mentioned them.

I would think that if it sells, you should be able to negotiate a payment for giving up your tenancy. Otherwise you can say - fine - get us out via the courts, which will take a long time, and cost the LL a lot more. Obviously that causes a lot of stress for you to, so I would personally try to negotiate with the LL politely, but make him realise you know your rights and his obligations under the contract.

I think that has been mentioned a couple of times.

RAS

Flyboy152 wrote: »

I think either you, the agents, or your landlord, are a little confused as to the purpose or nature of a section twenty-one notice. They are not forms, or agreements, which require signing and are not accompanied in advance with a AST. They are served before the last two months of the AST, as a "notice to quit," at the end of the lease. So, for example, if your tenancy ends on the thirty-first of March. The notice will be served and dated on the thirty-first of January with a vacation date of the first of April.

Err no, please.

If the tenancy end 31 March, the vacation date is 31st March and the tenant must have noticed served by the LL by 31 January.

Flyboy152

RAS wrote: »

Err no, please.

If the tenancy end 31 March, the vacation date is 31st March and the tenant must have noticed served by the LL by 31 January.

Please re-read my post.

The vacation date is not the last day of the tenancy, it is the day after. The tenancy expires at midnight, of the last day of the tenancy, in this example, the thirty-first of March. The tenant is not obliged to vacate until then; that effectively makes the vacation date, the first of April. However, is there any real need to arguue over such a pedantic point?

BitterAndTwisted

Nope, the date tenants need to vacate is on or by the last day of their tenancy. If they vacate the day after they are into a whole new rental-period and could face being charged for yet another month's rent if the landlord wanted to be particularly bloody.

I believe that this point has been discussed ad nauseum before. Anyway, that's not material to the OP's situation yet