Section 21 advice pls!

clprincess

G_M wrote: »

These things are always best resolved amicably rather than through the courts.

The LL wants to sell, so a) wants the property empty and b) wants to be able to show people round.

You want to leave too. It makes sense for you to both agree on a mutually acceptable leaving date. As said above, if you agree to viewings it benefits the LL (who also gets a bit more rent) as well as you.

You do not need to sign a new 6 or 12 month agreement. Just agree between you when you will leave, and how much notice you'd like before the LL brings buyers round.

The courts are only needed where you and the LL fail to agree. And the courts are stressful and cost money, so best avoided.

Thank you, we both want the same thing really. She wants to sell and I want out (all be it not until 6 weeks after the ta and section 21 end!) and am more than happy to move. I have already shown one person around for her and am more than happy to do it again. I am being as fair as I can be with her and hope she can sell and get a price she wants....She has been a great landlady in the past 4 years and if by her agreeing that I can stay an extra 6 weeks helps us both I hope she lets me!!!! Hopefully she will see that it benefits us both....Fingers crossed.......

clprincess

G_M wrote: »

It's always a good idea to get any agreement in writing - but it can be very informal. Just a note from the LL saying you can stay till XXX (he may issue another S21 as said above just to cover the possibility of you note leaving at that time) and a not from you about viewings.

If the agent draws up a contract or agreement, doubtless they will charge a fee to you and/or the LL for doing so! Not necessary.

Housing Benefit should continue, and if it goes to the agent, the agent will continue to pass it to the LL - that's what he pays them for!

Thank you so much G_M, you have been a great help and have put my mind at ease.

Werdnal

Your tenancy will automatically turn into a statutory periodic tenancy. As you need to ask your LL if they will accept an extension of the date for the S21, do that first, as if they do not agree, then this will all be hypothetical anyway.

If the LL agrees, you continue paying your rent as if no S21 was issued. You have no need to sign another tenancy agreement as the terms and conditions of the agreement you already have still apply so you can still live there.

As you have been in the property for 4 years, after the original fixed term tenancy you signed expired, you would have had a periodic tenancy then, so you need not have signed any more renewals until this point. However, LLs and tenants often like the security of a new fixed term, so renewals are a common thing. Letting agents also like to charge for printing a new tenancy and lending you a pen to sign it, so they can then make money too!!!

So long as your LL agrees to let you stay, continue to pay your rent as you normally would and everything will be fine. I agree with G_M though, that for LL and T peace of mind, a short written confirmation that LL agrees and you will be moving on XX date, would be a good idea.

If your LL does not agree to the extension, the application to court for possession will probably take longer than the end of July when you propose to leave anyway, so again, keep paying the rent when its due and stay put!

Benji

Just a little note in case the landlord does get awkward...

Remember the advice of others, do not sign a new contract - although if the LL wants to sell it is unlikely to be an issue.

As you know, your S21 is NOT a notice to quit.

IF landlord requests possession through the courts it is almost impossible that the process will be complete and the bailiffs on your door within 6 weeks. I can not say impossible - but 99.99999999999%. Part of the process includes the court writing to you for your input - reply requesting a possession date after xx/xx/xxxx because you do not have a property available until then.

clprincess

Thank you again everyone. You have all been such a great help. Am so glad I posted on this forum now...Its amazing how so many people take time out to help others. Thank you.

Just a few quick points.....If someone could answer them?

If my LL does not agree to the extension and I ask the courts for a procession date of sometime in July will I be liable for court costs (as this is a big worry for me!)

If the LL does agree to the extension will the estate agent get funny about it? Also do we have to notify the estate agent? And, hoping she does agree, when the date arrives that I finally move out do i contact the estate agent to come and collect keys and carry out an expection and inventory check or is that down to the LL?

Sorry to keep asking questions but I am sure these are questions which my LL will ask me when I ask her. Just want to make sure I cover everything so I am prepared.

may_fair

clprincess wrote: »

If my LL does not agree to the extension and I ask the courts for a possession date of sometime in July will I be liable for court costs (as this is a big worry for me!)

If the LL won't come to an amicable arrangement to surrender the tenancy on a mutually agreed date, you don't need LL's permission for the tenancy to continue after 18th June. If you remain in occupation a periodic tenancy automatically arises - your tenancy doesn't just stop on the 18th unless you vacate.

But, as I said before, as from 19th June you'd be required to give at least one month's notice to quit, expiring on the 18th of the month. You say you want to leave at the end of July, so that would mean giving notice to end the tenancy on 18th August.

Can't help with your Q about liability for court costs, sorry, but I do think it's less likely LL would apply for possession if you've served NTQ.

If the LL does agree to the extension will the estate agent get funny about it?

The agent acts on behalf of the LL; he cannot go against LL's instructions.

when the date arrives that I finally move out do i contact the estate agent to come and collect keys and carry out an expection and inventory check or is that down to the LL?

They will probably contact you to make arrangements but if not, contact them and ask. If for whatever reason no-one is willing to cooperate, simply vacate and deliver keys to either LL or agent (don't post them) and get a receipt. You don't need to be there for the check-out inventory.