Renting: Notice to vacate property, done correctly?

F_T_Buyer

G_M wrote: »

What have your parents been asked to sign? There is no need for them to sign anything.

Just asking for them to confirm they will move out on that date, stating if it is not signed saying the landlord will issue possession through the courts. Fair enough though.

G_M wrote: »

Having said that, since your parents "want to move out at the end of august. Also they want to keep things 'straight' with the letting agent," then the best approach is to ignore the legalities and reach an amicable agreement.

They should speak to the landlord, or his agent, and discuss a mutually convenient date to end the tenancy. These things are far better done like that than by antagonising the other side by arguing over the legal niceties.

The fact that the S21 may be faulty (issued too late/with wrong date) is to your parents advantage IF it ever comes to court. So just keep quiet about it (certainly don't sign an acknowledgement or similar).

But far better NOT to go to court. Just agree a move-out date, confirm it in writing, and then move out. Everyone wins!

I agree. The land lord has been renting his house out, and he's been renting another house. Through the grapevine we've heard he hasn't been paying his rent, hence he wants to move back to his house. Also my parents have been plagued with bayliffs (private companies) and court bayliffs (and clamped my dads car, until he proved he wasn't the debtor).

The reason they want to stay until the end of August is that is when their new house will be built. They have been very clear from day one that is when they want to move out, and then they get this literly a month too soon. Now they have to rent somewhere else for one month (although I'm sure they will look into other options, B&B and storage etc).

I think to sum this up, they can either move out as required (1st Aug) or argue the S21 could not have been served on the 1st June, and it in fact 7th June.

Thanks for your help everyone.

G_M

Look, even assuming the S21 notice IS correctly completed, your parents don't need to move out. Do not sign the 'agreement', do not move. So what happens? When they don't move out, the LL issues court action (actually he probobly writes/speaks to them again first - taking another week).

the court takes, what, 4 - 6 weeks?

Then when they still don't move, the LL goes back to court to request bailiffs - another 6 - 8 weeks?

Your parents will be long-gone to their new home before anything happens. And anyway, if the S21 is wrong, the first court will throw it out anyway, setting the LL back to square one.

So just ignore the S21 and start communicatiing! An amicable agreement to move at end of August and the LL avoids all the agro and everyone is happy.