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Served S21 when can I leave
dodger1
Posts: 4,579 Forumite
I was served an S21 notice on 21st May stating "I give you notice that I require possession of the dwelling house known as ************ AFTER 11/08/12. The dates are correct as the original AST started on 12th Jan 2008 and has been periodic for some time.
I have been offered a place through the council quite quickly because of my age and the housing manager for the housing association has written the following....
"Landlord of current flat has got into mortgage arrears so building society are repossessing the flat. He is on AST and been served 2 months notice with end date of 11/08/12. I have advised he therefore does not need to give notice to landlord as the Sec 21 he has been served gives him up to 11/08/12 to leave by. This means he can move straight away".
I've been searching this online and simply find several arguments about this, so does anyone know if I can leave earlier and just pay up to the leaving date which I would like to be 11/07/12 but obviously too late for me to give one months notice.
I'm contacting the receivers on Monday so just looking for my options, they may be fine about it but just wanted the legal side in case they aren't. Thanks for any help and advice.
I have been offered a place through the council quite quickly because of my age and the housing manager for the housing association has written the following....
"Landlord of current flat has got into mortgage arrears so building society are repossessing the flat. He is on AST and been served 2 months notice with end date of 11/08/12. I have advised he therefore does not need to give notice to landlord as the Sec 21 he has been served gives him up to 11/08/12 to leave by. This means he can move straight away".
I've been searching this online and simply find several arguments about this, so does anyone know if I can leave earlier and just pay up to the leaving date which I would like to be 11/07/12 but obviously too late for me to give one months notice.
I'm contacting the receivers on Monday so just looking for my options, they may be fine about it but just wanted the legal side in case they aren't. Thanks for any help and advice.
It's someone else's fault.
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Comments
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Unless you negotiate otherwise (preferably with any agreement in writing) you will need to pay rent until 11/08/12.0
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I assume you areon a Statutory Periodic Tenancy? )month by month)
* you can wait till 11/8 and then move out or
* you can give the landlord ( or mortgage lender if they have repossessed and become your landlord?) 1 full rental periods notice - see here to get dates right as it is not just a simple 'one month' or
* you can discuss with the LL and agree any date you wish- provided both you and the LL agree. Get this in writing to avoid any future dispute.0 -
I assume you areon a Statutory Periodic Tenancy? )month by month)
* you can wait till 11/8 and then move out or
* you can give the landlord ( or mortgage lender if they have repossessed and become your landlord?) 1 full rental periods notice - see here to get dates right as it is not just a simple 'one month' or
* you can discuss with the LL and agree any date you wish- provided both you and the LL agree. Get this in writing to avoid any future dispute.
Yes it's periodic but too late to give a full rental period notice so the negotiation route hopefully will go well. Looks like the HA manager is clueless although as I said when searching I did find quite a few people agreeing with her view.It's someone else's fault.0 -
Good news, receivers say I can leave on the 11th July with no further rental charges after that date. Happy days.It's someone else's fault.0
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I assume you areon a Statutory Periodic Tenancy? )month by month)
* you can wait till 11/8 and then move out or
* you can give the landlord ( or mortgage lender if they have repossessed and become your landlord?) 1 full rental periods notice - see here to get dates right as it is not just a simple 'one month' or
* you can discuss with the LL and agree any date you wish- provided both you and the LL agree. Get this in writing to avoid any future dispute.
If the tenant gives notice, it has to be one clear month ending on a rent day (IIRC), which would be 11/8.
No reliance should be placed on the above! Absolutely none, do you hear?0 -
I think you could get a better deal, it will be the mortgage company that will want as quick as possible vacancy so they can sell it and finish shafting over the owner.
as you can stay much longer, I would see what they are offering you if you agree to move out sooner.
Like a a free last months rent.
After all it is them that want you out.Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0 -
I think you could get a better deal, it will be the mortgage company that will want as quick as possible vacancy so they can sell it and finish shafting over the owner.
as you can stay much longer, I would see what they are offering you if you agree to move out sooner.
Like a a free last months rent.
After all it is them that want you out.
It's actually fine for me as I'm moving to an over 60s HA and will be getting decorating vouchers and need to completely redecorate the flat and at my speed I'll probably need three weeks
It's someone else's fault.0
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