AST: Section 21: Buying a home

tara.holland

franklee wrote: »

When does the S21 require possession. Does it say he LL requires possession after August 7th 2012? If so then it's asking you to leave at the end of the fixed term and not earlier and so makes no difference to you leaving earlier.

What you need to do is check to see if the tenancy agreement has a break clause that would allow you to serve notice and end the tenancy early. If there isn't one then it's just down to negotiation but essentially you will owe rent until the end of the fixed term unless you hand the property back and the landlord uses it for something else, like he moves back in etc.

Can you delay the completion on your new home till mid July or so?

If your deposit isn't protected by tomorrow then you can claim for it's return and possibly some compensation under the changes brought in the localism bill. This could be a handy negotiating tool to help you and the LL reach agreement on settling up.

served on us 8th aug 2011 expires on 8th august 2012.

states "we require possesion on a specificed date 8th august 2012 OR at the end of the period of your tenancy, which will next end after the expiry of two months from service of this notice on you"

"leaving early - only with the landlords or his agents prior consent and subject to certain conditions that may include paying the landlords reasonable costs assosiated with reletting the premises and paying the rent until a new tenant moves in, the tenant maybe allowed to surrender or give up this tenancy before it could otherwise lawfully be ended."

Benji

You have no 'get out early' option, BUT. . .

Yesterday was the last day that landlords could protect deposits without being liable for a claim against them (2011 Localism Act). Now, even after the deposit is returned, and even after the tenancy is over, you can make a legal claim against your landlord and be awarded between 1 & 3 times the value of your deposit in damages. At present, it would be very expensive to do so (it's a part 8 claim) but there will be no-win-no-fee firms popping up all over the place soon!

So here's the deal - Mr Landlord, will you accept my surrender on 8th July? And are you aware that I can sue you for up to 3 times the value of the deposit?

He may just be inclined to agree to anything rather than face the court penalty

tara.holland

Benji wrote: »

You have no 'get out early' option, BUT. . .

Yesterday was the last day that landlords could protect deposits without being liable for a claim against them (2011 Localism Act). Now, even after the deposit is returned, and even after the tenancy is over, you can make a legal claim against your landlord and be awarded between 1 & 3 times the value of your deposit in damages. At present, it would be very expensive to do so (it's a part 8 claim) but there will be no-win-no-fee firms popping up all over the place soon!

So here's the deal - Mr Landlord, will you accept my surrender on 8th July? And are you aware that I can sue you for up to 3 times the value of the deposit?

He may just be inclined to agree to anything rather than face the court penalty

that was going to be my alternate move. we had problems with ex LL regarding our deposit with it a) not being in a scheme and then b) getting it back from the scheme - i was sucessful then, but will prob go down the road if no one can offer any "their fault" solutions to this AST. i will obviously ask politly first but secondly this solution you have sugested will be my next port of call.