Section 21 Notice and a cowboy EA/landlord

Tirian

franklee wrote: »

You could write "Not living at this address, return to sender" on the envelope and put it back in the post. Let the lender figure that one out.

If the landlord has never lived at the property I'm at a loss as to why his statements go there unless he has got a residential mortgage and let the property from the start. That's more serious than forgetting to get consent to let as it looks like this was always a property to let.

I would be tempted to write to the lender letting them know I'm the resident tenant. Perhaps enclosing a copy of the tenancy agreement and a utility bill in my name and the landlord's current address.

You do have the landlord's address? If not I'd suggest you write to the agent and ask for it.

From our conversations with the neighbours, we know for certain that the landlord never lived there - the former occupants tried to sell the house through these EAs, and when they struggled to get a buyer the EA bought it from them and has rented it out ever since.

We do have the landlord's current address, it's in the tenancy agreement. I think we probably already have returned some of the mortgage statements to sender - we've done that with most of the post arriving at the house for various other persons ... perhaps that's why he's anxious for us to be out asap, so that he can cobble together some "evidence" that he is living there.

In any event, we will give our notice as soon as we have a completion date, and I am now almost hoping that they do try it on over the the return of our deposit just so that they can experience reaping a bit of what they sow ...

Tirian

jamie11 wrote: »

Another point. When you are sure of your completion date give your own notice (if you are in an SPT) one month which must include a full tenancy period. The S21 is not a notice to quit so you do need to do this.

Just a quickie ... I don't think we are in a Statutory Periodic Tenancy - we are still within the original 12 month term of the Assured Shorthold Tenancy Agreement. As such, is it correct that all we have to do is to vacate at the end of the AST period without signing a new AST agreement? Or do we still need to give notice?

I guess I can probably find out by re-reading the tenancy agreement when I'm back home, but if someone knows how these things work and can tell me offhand that would be handy!

BitterAndTwisted

If you are still on your 12 month fixed-term then you cannot be on a statutory periodic tenancy.

If you are not going to stay on even one day past the last day of the fixed-term there is no need to sign a new AST.

You do not have to give any notice whatsoever to leave on or before the fixed-term although it makes sense to do so as you will need to arrange for the return of the keys and the agent/landlord will want time to arrange the check-out inspection.

Tirian

That's basically what I thought. We have been in touch regularly to date (by phone and by email) stating our intention to vacate by the end of the AST period, but noting that this would depend on the completion date for our purchase (and it is this latter point which has resulted in their sending us the S21 and demanding that we leave at the end of the fixed term come what may).

We expect to be given a completion date shortly, some time early to mid August. However, on the basis of how they have treated us, I am disinclined to converse with the letting agent/landlord any more than is absolutely necessary from this point.

I'm happy enough to send a letter giving a month's notice of our intention to vacate if that's necessary / advisable in addition to the calls/emails we've already sent, but I really don't want to have any further discussion with them.

Ulfar

Once you have exchanged and confirmed completion for mid August, I wouldn't tell the LL/LA given all the hassle. Hand back the keys 1 day before tenancy is to expire and get a receipt confirming.

What I would do is get your stuff moved into your new house, then clean the rented property from top to bottom while it is empty. Then take lots of high detail photos of the property to prove its condition when you left.

Then once you have your deposit back I would a s a dutiful citizen in writing advise both the HMRC, mortgage provider and local council that the landlord has been letting the property out and not an owner occupier.

BitterAndTwisted

It's not necessary to give them a whole month's notice. Just give them as much notice as you are able. This will give them time to start looking for a replacement tenant and have the check-out inspection lined up. You really don't need the hassle of them messing you about later attempting to make a spurious claim on your deposit for "lost rent" during a void-period between tenancies. They won't get away with it, but it would take time and trouble going through a dispute.

While you're at it, have a very close read of the check-in inventory and scrub the place from top-to-bottom to avoid the risk of any deductions for cleaning.

Landlords or their agents who have already decided that they're annoyed with you do have a tendency to want revenge of some sort later.

tbs624

Tirian wrote: »

Just a quickie ... I don't think we are in a Statutory Periodic Tenancy - we are still within the original 12 month term of the Assured Shorthold Tenancy Agreement.!

I think perhaps jamie11's comment was meant to be taken as how to deal with notice if by the time you are certain of a completion date for your purchase, your current tenancy has *become* an SPT I may of course be wrong........