Landlady selling estate agents being a pain

mysillyolddad

Should I leave it maybe until after the next rent due date to point this out ?
Thats means we could move 7th Aug which would be much better for us than 7th Ju
ly

jjlandlord

mysillyolddad wrote: »

Should I leave it maybe until after the next rent due date to point this out ?
Thats means we could move 7th Aug which would be much better for us than 7th Ju
ly

When you decide to move out, you'll have to serve proper notice. Don't assume that a s.21 notice frees you fom this.

DVardysShadow

mysillyolddad wrote: »

Should I leave it maybe until after the next rent due date to point this out ?
Thats means we could move 7th Aug which would be much better for us than 7th Ju
ly

If you are replying to Werdnal, I don't think he is saying the notice is invalid. So there is nothing to point out and the date of the notice is valid. It is purely a matter of understanding the notice - which is not an eviction date, just the earliest date after which the LL can go to court for a possession hearing.

BitterAndTwisted

bmar71n wrote: »

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.

Honestly, I've read a fair amount of dodgy old c0bblers on forums but this is close to taking the biscuit. It is so far of the mark as to be in another bloody continent.

Please: no-one NO-ONE should give any credence to this opinion as it is not based on anything approaching fact. To spout such tripe when people's homes and their security of tenure are involved is dangerous and totally moronic.

mysillyolddad

Im confused sorry but can I clarify please


We have a 2 way break clause requiring 2 months notice by either party

The section 21 notice does not satisfy as written notice in itself ?

My husband feels sure that the LA will argue that the letter received with the section 21 that states

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.....( no other mention of notice or dates is made in the letter)

Is this classed as written notice combined with a section 21 notice ?

Werdnal

DVardysShadow wrote: »

If you are replying to Werdnal, I don't think he is saying the notice is invalid. So there is nothing to point out and the date of the notice is valid. It is purely a matter of understanding the notice - which is not an eviction date, just the earliest date after which the LL can go to court for a possession hearing.

That is correct! I (she by the way), was pointing out that the S21 does NOT END the tenancy. It has no doubt been served correctly, but an S21 is notice that the landlord is "SEEKING possession". After the 2 months notice, to GAIN possession, the LL applies to the courts for a possession order. This can take a few more weeks, hence your 7th July date is expiry of the notice, not the end of your tenancy or the date you must move out by!

A landlord cannot evict anyone without getting the court possession order to legally terminate the contract. The purpose of the S21 is to notify you that in 2 months time, the landlord intends to apply for possession through the courts. If you choose to move out on 7 July, that is up to you, but by law you do not have to.

mysillyolddad

Ok that all makes sense
So the only thing that would mean we did have to move out on 7th July is two months written notice

Does the letter which only mentions the quoted part I pasted above constitute written notice

mysillyolddad

jjlandlord wrote: »

When you decide to move out, you'll have to serve proper notice. Don't assume that a s.21 notice frees you fom this.

I was hoping that we could wait until after 7th May (our next rent due date) then give 2 months written notice 0n 7th June meaning we would leave 7th Aug

The LA is obviously confident that they have served notice by virtue of them giving 7th July as our final day

If LA has not given legal notice we could do this however if the letter wording constitutes legal notice we can't

Werdnal

mysillyolddad wrote: »

Ok that all makes sense
So the only thing that would mean we did have to move out on 7th July is two months written notice

Does the letter which only mentions the quoted part I pasted above constitute written notice

I think you are still missing the point.

The letter in which they quote your tenancy ends on 7th July is not worth the paper it is written on.

The Notice you need concentrate on is the Section 21 - Notice that LL is seeking possession.

This is not notice to quit - LL cannot end the contract; they can only give 2 month notice that they intend to apply to end the contract - by court order.

They cannot apply for this court order until the 2 months is up, ie from 7th July they can apply to the court, but the courts are usually busy and it can take 4 weeks or more for it to come to the top of the list.

Sounds like letting agent doesn't know the rules (or are trying it on) and LL is probably being led by them thinking they are the "experts"!

mysillyolddad

Thank you for taking the time to answer
So is the break clause not enforceable then ?

Because by virtue of what you say even if this letter said written notice of 2 months as per break clause ,that wouldn't end the 2 year contract and LL would have to apply to court to terminate contract

So what validity does break clause have


Im confused