Serviced notice pursuant to section 21 of the housing act!

G_M

You have

an Assured Tenancy Agreement, which was for two years at the same rent, but could be broken/ended after one year's tenancy.

So there is a break clause. We need to know the precise wording of the break clause in order to advise on your rights.

But normally this mean that by giving appropriate notice (eg at the 10 month point) either side can end (yes end, not switch to periodic) the tenancy after 12 months. If the break clause is not invoked, then both sides are commited to (and have security for) a further 12 months. That's why it's a 2 year contract. Otherwise it might as well be a 1 year contract which then reverts to periodic.

The landlord has chosen to invoke the break clause. He has this absolute right, just as you do. The consequence is that, yes:

can they chuck us out after April, if we still haven't found anywhere? Baring in mind we have ALWAYS paid the rent on time, they have a large deposit of ours, and we are very good tenants.

No reason is needed, just as you need give no reason if YOU want to leave after one year.

As for the reference, well it's up to them. Any LL can refuse to give one, or can write what they see fit within one (though libel would be actionable). That's one of the reasons we here on the site often urge tenants to try to maintain good relations with their LLs.

And as for

They are aware I am pregnant, which is another reason for the level of disgust at the way we have been treated with regards to the damp etc.

This unfortunately has no relevance either with regards to the damp, or the S21 Notice. It might have a bearing on the tenant/LL relationship aspect, but not on rights and obligations.

Eton_Rifle

evoke wrote: »

And would women of child-bearing age PLEASE STOP using pregnancy as emotional blackmail in threads.

I'm not at all comfortable with the 'emotional blackmail' phrase but yes, it's amazing how often people try to use babies and pregnancies as leverage.

I guess they think if gives them the moral high ground even though the situation is entirely of their making.

It would be understandable if babies suddenly and entirely unexpectedly dropped from the sky into our laps but they don't - we get quite a bit of notice they're coming!

digitalphase

G_M wrote: »

You have

So there is a break clause. We need to know the precise wording of the break clause in order to advise on your rights.

But normally this mean that by giving appropriate notice (eg at the 10 month point) either side can end (yes end, not switch to periodic) the tenancy after 12 months. If the break clause is not invoked, then both sides are commited to (and have security for) a further 12 months. That's why it's a 2 year contract. Otherwise it might as well be a 1 year contract which then reverts to periodic.

The landlord has chosen to invoke the break clause. He has this absolute right, just as you do. The consequence is that, yes:

No reason is needed, just as you need give no reason if YOU want to leave after one year.

As for the reference, well it's up to them. Any LL can refuse to give one, or can write what they see fit within one (though libel would be actionable). That's one of the reasons we here on the site often urge tenants to try to maintain good relations with their LLs.

And as for
This unfortunately has no relevance either with regards to the damp, or the S21 Notice. It might have a bearing on the tenant/LL relationship aspect, but not on rights and obligations.

Thanks GM. We have done nothing wrong, just told them about any problems with the property, which infact it says in the contract that we must do. Also when we moved in, the estate administrator assured us that any problems we had would be resolved quickly and to our satisfaction. They have not kept to this. However, we have abided by each and every term and condition. So we have done nothing to influence the detriment of this relationship.

Eton_Rifle wrote: »

I'm not at all comfortable with the 'emotional blackmail' phrase but yes, it's amazing how often people try to use babies and pregnancies as leverage.

I guess they think if gives them the moral high ground even though the situation is entirely of their making.

It would be understandable if babies suddenly and entirely unexpectedly dropped from the sky into our laps but they don't - we get quite a bit of notice they're coming!

'Moral high ground' and 'the situation is entirely of their making' - what on earth are you on about? :rotfl:

This thread is not about pregnancy, please read threads properly and actually have something useful to say, before replying.

Otherwise you just make yourself sound like an idiot with nothing better to do than to post fatuous comments.

Eton_Rifle

I'm sorry, I was actually feeling some sympathy with your situation, having been there myself with a pregnant wife. I should have added that. My comment was merely a general one responding to another's post and was not intended to be directed at you, it was misplaced in this thread and I'm sorry you took offence (and also disappointed that you immediately turned to insults and sneering but it's understandable.)

I'm just remembering that her pregnancies usually gave us about 7 months notice and since we knew we were in a rental property and stability was required, we sorted the situation well in advance of her due date so we wouldn't be put in this vulnerable position. Actually we have five children so this has happened quite a few times now.

We made sure we didn't get caught short, as you are now, by leaving it all up to fate and hoping the landlord would take pity on us.

Not that he sounds like much of a landlord anyway.

digitalphase

Oh right, so we're supposed to start looking when we have, say, 5 months left of the contract and then suddenly find 5 months rent to get out of the contract if we find somewhere?! There is only so much 'forward planning' you can do!

We have WANTED to move since about September time, but are not able to finance the huge amount of money required to get out of the contract before we could. You are obviously lucky to have been in this situation. Please remember that this is a money saving forum afterall, and it doesn't exactly make financial sense to do what you suggested.

silvercar

This thread is descending into farce.

Someone will soon suggest that anyone who doesn't want to move home while heavily pregnant/ with newborn should buy, not rent!

Eton_Rifle

I have negotiated for longer contracts immediately I discovered we were expecting another child and signed new contracts immediately - to follow on from the current one if it can't be directly replaced.

I don't leave it all until the last minute and bury my head in the sand.
Leaving it all to the last minute is neither a legal requirement not a sensible one in these circumstances.

That's why this has never happened to me, luck has nothing to do with it.

franklee

evoke wrote: »

And what has you being pregnant got to do with the S21 notice? Exactly nothing.

You (and others on here) use pregnancy to sway opinion and elicit sympathy. That is a fact.

Perhaps you should try searching for Section 21 exceptional hardship. For instance this thread here:

http://www.landlordzone.co.uk/forums/showthread.php?35706-Exceptional-Hardship-defence-in-Section-21-court-proceedings

In particular this by a landlord with loads of practical S21 experience:

http://www.landlordzone.co.uk/forums/showthread.php?35706-Exceptional-Hardship-defence-in-Section-21-court-proceedings&p=280588#post280588

1. Imminent or recent (few weeks to couple of months) childbirth.

digitalphase

Eton_Rifle wrote: »

I have negotiated for longer contracts immediately I discovered we were expecting another child and signed new contracts immediately - to follow on from the current one if it can't be directly replaced.

I don't leave it all until the last minute and bury my head in the sand.
Leaving it all to the last minute is neither a legal requirement not a sensible one in these circumstances.

That's why this has never happened to me, luck has nothing to do with it.

Did you actually read my thread? We do NOT want to stay in the house, so why the hell would we negotiate to stay any longer than necessary? We haven't buried our head in the sand either. Do you understand what the point to this thread was??? Don't think you do.

The word 'luck' was in reference to you being in a situation to enable you to afford 5 or so month's rent up front for getting out of a contract, and then it was said tongue in cheek.

I wish there was a rolling eyes smiley, as it would be perfect for this reply to you.

Also, when we originally expressed a desire to leave, we were told by the agent that we'd be required to pay for the rest of the year's tenancy, so that equated to about £4,000, plus their advertising fees and motoring costs, as well as 10% of the next year's rent. Who has got that sort of money lying around, PLUS the deposit on the next house. What sort of fantasy world are you living in??

sonastin

digitalphase wrote: »

Oh right, so we're supposed to start looking when we have, say, 5 months left of the contract and then suddenly find 5 months rent to get out of the contract if we find somewhere?! There is only so much 'forward planning' you can do!

So 2 months isn't enough notice but 5 months is too much? Precisely how much notice were you requiring?


But back on topic, if your LL hadn't served notice and you hadn't found anywhere suitable in time to serve notice for leaving in April, you'd be stuck paying rent on this place until April 2012 as per the 2 year fixed term. In a way, your LL has actually done you a favour because he's forced you into understanding the implications of the contract you signed.

My advice is to focus all your energies on finding somewhere suitable before April. If you haven't got anything and you've got nowhere else to go, hang on in there until you do find something or the bailiffs knock on the door but make sure you're doing every last little thing possible to find somewhere else - they're not in that short a supply.