Landlady selling estate agents being a pain

Werdnal

mysillyolddad wrote: »

Well I emailed a very poilte email suggesting times for viewings etc got no answer but a section 21 in post instead :-(

Sorry to hear they have taken that stance. However, they cannot take any action for eviction until your 24 month fixed term is up, so realistically, this does not change your current situation - unless there is a break clause in your contract - have you checked?

Chances are they would have given you notice to co-incide with the end of the fixed term anyway, especially if LL had any interested buyers.

Did you copy the email to the LL aswell, or just send it to the agents?

musey

Surely you were expecting a S21? If the house is on the market and your contact has a break clause in it (I'm assuming it does as you're only 15 months in to a 2 year contract) then S21 is thr next natural step. Do you have any doubts as to the validity of the notice? If not I guess its time to start looking for a new property as there's not very much else you can do. During the notice period I don't know how accommodating I'd be about viewings etc as you'll be busy looking and may not have much spare time to be there when they want to do viewings.

mysillyolddad

Thanks

As there had only been 1st viewings and not many (just lots of messed up ones by estae agents) we hoped we may have a bit longer
We have 12 weeks now as rent due date just literally passed
So we will start looking but will not be allowing access to the property
To do so would involve time off work or eating into what little free time we have
I know they always try to say they will just come when we are out but that is not right and we have changed the locks so we know they can't

Hoping the rent prices will fall in next few weeks lol (fat chance)

Werdnal

mysillyolddad wrote: »

Thanks

As there had only been 1st viewings and not many (just lots of messed up ones by estae agents) we hoped we may have a bit longer
We have 12 weeks now as rent due date just literally passed
So we will start looking but will not be allowing access to the property
To do so would involve time off work or eating into what little free time we have
I know they always try to say they will just come when we are out but that is not right and we have changed the locks so we know they can't

Hoping the rent prices will fall in next few weeks lol (fat chance)

12 weeks until what?

S21 does not end the tenancy. You do not have to move out on the date it expires. It merely advises that the LL is seeking possession. After the notice ends, the LL must apply to the courts to get you evicted. This can take another 4-6 weeks. Whilst you are obviously wise to start finding somewhere else to live, you may have longer than you think!

By the way, I take it your deposit has been protected and you have received the prescribed information from the scheme they used? If not, then the S21 is invalid.

BitterAndTwisted

A Section 21 Notice is just a statement of intent, so you don't absolutely have to be out in 12 weeks. Not by a very long chalk. Take your time and find the right place to move to.

Kynthia

If you leave before a the LL has gone to court and obtained the possession order you will still need to give proper notice. This is because the Section 21 has not ended the tenancy.

princeofpounds

The S21 probably doesn't have anything to do with your email.

They would need to be sending one already as they would normally need to sell the house with vacant possession (or take a discount on the price and have fewer buyers interested).

If they are thinking about selling the house in 3 months time they would need to be starting now, as that's about the best case scenario for regaining possession if for some reason you had difficulty leaving.

mysillyolddad

Hmm
it says

We are writing to inform you that your landlord requires possession of their property and we therefore are serving you with a section 21 notice accordingly.The effect of the notice is that the last day of your tenancy will be 7th July 2012

It then goes on about check out inventory etc.....

So do they or we if we choose also have to give the 2 months required notice on the next rent due date of 7th may for it to be legit ?

also yes deposit is in scheme and protected

bmar71n

you have an entitlement to quiet enjoyment, it appears your landlord is is breach of this (by allowing the estate agents to do what there doing) so if this is actually the case the tenancy agreement may be void so you may be able to leave. I imagine the landlord will get you out asap any way if shes trying to sell as will be more difficult for her with you in the property.

Werdnal

mysillyolddad wrote: »

The effect of the notice is that the last day of your tenancy will be 7th July 2012

Wrong! A landlord or letting agent cannot end the tenancy, so the last day of your tenancy being 7 July is utter rubbish. They are trying to pull the wool over your eyes to make you think you have to move out on or before that date. As stated above, the purpose of the S21 is a "notice seeking possession". LL has to give you 2 month notice that they want the property back, but only after that 2 months, can they start the court process to formally and legally end the tenancy. As I stated above, that can take another 4-6 weeks, and even then, if you choose to stay, they need to employ baillifs to enforce the eviction.

So, even though you would probably be wise to start looking elsewhere, they cannot end the tenancy on 7 July and you do not need to move out then.