Giving Notice Problem

mrbreckles

Right then, I'll try to explain as succinctly as possible. Any help is greatly appreciated.

We're currently renting a house with 2 dogs as pets (landlord knows and is fine with this)
We are out of our fixed term agreement and are now in a SPA (Statutory Periodic Agreement) Rent paid on 28th of the month.
Our landlord popped around on the 2nd of February to inform us that they would need us to vacate the property due to them having to leave theirs.
Their landlord wasnt in a rush as to when, they had up to the end of April but were happy for us to move out before then.
We have dogs so finding somewhere to accept them has been hard, but we have, finally. However, its now 25th March and the place we've found needs us in this weekend coming (4/5 days time) and our landlord isnt happy.
They say their landlord doesn't want them to leave until the end of the next month (April) so we can't move out basically.
The landlord wants to move back into the house that we're renting I should add.

Does it work that the notice was given the 2nd of Feb, but as it was issued by the landlord it starts from 2 months after the next rent date, which would be Feb 28th + 2 months = April 28th?

If so what the hell could i do to move out? It's taken us this long to find anywhere in the area or local areas (within 10 mile radius) to accept the dogs.

I should add that the landlord giving us notice wasn't written in any way. Only verbal. There are a few emails after from the landlord stating that they would try to be flexible and asking us to let them know when we have an idea of when we're moving out so we could arrange moving dates.

Thanks for your time.

G_M

From what you say you have not been given a S21 Notice, so notice has not been served. Simply an informal chat.

Unless you reached a firm, mutual agreement to end the tenancy on a specific date (ideally in writing), your tenancy continues.

Read:

Ending/Renewing an AST (what happens when the Fixed Term ends?)(What is a Periodic Tenancy?)(How can a LL remove a tenant?)(How can a tenant end a tenancy?)

Your options are:

1) serve notice (1 Tenancy Period blah blah) on the LL
or
2) reach an agreement and confirm it in writing

sandsni

There's nothing they can do to stop you moving out, but unfortunately you may be liable for the rent until 28 April.

newsgroup_monkey

As I see it, no-one has given notice to anyone.

The LL should issue an S21 which needs to be dated.
For you to leave, you should give a month's notice in writing.

I'm sure one of the experts (G_M or Artful) will be along shortly, but IIRC, an S21 can start 2 months from the day it is issued, not on the rent due day. On the other hand, if you give notice, yours must be a month on or before the previous rent due date (so 28th or before of this month becomes 28th next month).

An S21 can be issued more than 2 months in advance (my previous LA used to issue them with the 12 months contract). If an S21 has been issued, then there should be an expiry date on it.

EDIT: G_M got in there first

mrbreckles

Just what I thought.
I really don't want to have to drag it out so I'm hoping the LL would just accept a week or 2 from now so we meet somewhere in the middle.
I'm again hoping that they're kind enough to understand they have two houses between them to live in whereas we have nowhere but here and the following place to move in to (if the following house will wait a week or two for us that is)
From experience (if any of you have hands on 'being a landlord' experience) Would you accept a 2 week wait from a potential tenant if they paid the deposit initially and then started the rent from the move in date?

G_M

sandsni wrote: »

There's nothing they can do to stop you moving out, but unfortunately you may be liable for the rent until 28 April.

assuming notice is served by... errr... 27th? If this date is missed rent will be due till.... er.... 27th May.


Beware: OP said

Rent paid on 28th of the month.

So:
a) assuming this is the first day of the Tenancy Period, then the last day will be 27th, not 28th
AND
b) just because this is the date you pay rent does not mean it is the 1st day of the Tenancy Period!

thelem

If you have nothing in writing from your landlord then he could change his mind, deny ever having served notice and insist that you continue to pay rent AFTER 28th April.

Regarding your question, had you been the one to serve notice then you would have been required to give a full rent period's notice, so you're no worse off than you would have been. The alternative is to only look for properties during your final month of notice, but then you are forcing yourself to choose only the properties that you can move into immediately.

Fire_Fox

If the landlord has not served you with a valid section 21 notice you don't have to go anywhere, even when they do you have two months PLUS any time it takes to evict you through the court. You don't have to leave when the notice expires, it's just a notice that they will seek possession after than date. If you keep quiet the landlord may not realise until the end of April that they need to serve notice which gives you another three months grace.

thelem

Fire_Fox wrote: »

If you keep quiet the landlord may not realise until the end of April that they need to serve notice which gives you another three months grace.

Yes, but they'll probably also then go through the inventory with a fine tooth comb so the OP loses as much of their deposit as possible. At the moment it sounds like they have a good relationship, if a little too friendly resulting in notice being served casually.

The OP has found a new property, so can use the good relationship to their advantage to negioate a compromise (maybe pay a couple of weeks extra, since the landlord is forcing them out of their home).

Fire_Fox

thelem wrote: »

Yes, but they'll probably also then go through the inventory with a fine tooth comb so the OP loses as much of their deposit as possible. At the moment it sounds like they have a good relationship, if a little too friendly resulting in notice being served casually.

The OP has found a new property, so can use the good relationship to their advantage to negioate a compromise (maybe pay a couple of weeks extra, since the landlord is forcing them out of their home).

Maybe they will try that anyway, they don't sound like the most reasonable or knowledgeable of landlords. There is every chance the landlord didn't do a proper dual signed inventory with photos if they don't know about section 21.

Jadekr

Fire_Fox wrote: »

Maybe they will try that anyway, they don't sound like the most reasonable or knowledgeable of landlords. There is every chance the landlord didn't do a proper dual signed inventory with photos if they don't know about section 21.

I am mrbreckles partner who also lives in the property.

There was a very detailed inventory completed by the agent when we rented the house in December 2011.

What I wish to know is if our original AST has ended which it did on 28/12/12 and automatically changed to a SPT does the landlord have the right to increase the rent? As she sent us a text informing us that she would be not using the services of the agent any longer and from that date we have paid the new increased rent directly into the landlords bank account. Does this mean that any agreements are still valid even though the agency and rental costs have changed?
Again we signed no agreements or had nothing in writing.