Section 21 - Do I still have to give notice or can I just move on expiry date?

ladyrider260

Hi all
Well, for the 4th time in 4 years, I'm moving (3rd time the rental property I have been in has been sold).
I was served a section 21 notice which expires on 28th May. Hmm.....that's a Tuesday and I am trying to complete my studies after 3yrs at college, not sure how I am going to manage that!


Anyhoo......The house went online for sale last night and at 9:30am I had a call to say they had applicants who wanted to view it. Looks like the house is going to be sold fast. What I need to know is do I still need to give a months notice (as per the letter they sent me with the section 21) or can I just move on the 28th May?
I am yet to find somewhere to go - or should I say someone who will take me on as a tenant as I am a single parent and student - but if something comes up say in the last 2 weeks of my notice, do I still give a months notice so theoretically I am there til mid June?

I'm really confused as to what to do.

Thanks

Werdnal

Yes, the S21 notice does not have any affect on ending the tenancy until the LL applies for a court order, so if you want to leave, you have to give your own notice.

Whereabouts are you in your tenancy? Is it now a periodic - month-by-month tenancy? If so, you need to give 1 month's notice, ending to co-incide with a tenancy period, ie usually the end date will be the day before your next monthly rent payment is due.

Are you sure the S21 you have been issued is valid? Is your deposit fully protected and did you receive the prescribed info from the LL from the deposit scheme? If you don't want to leave on the date the notice expires, you don't have to, as that is not the date you have to move out by. It is the date the LL will be able to apply to court to get a possession order to make you leave.

ladyrider260

Thanks Werdnal. It's now onto a periodic tenancy. Thing is, I could still be in the same position in 7wks time but don't want an eviction notice against me as the letting agents won't touch me. It's a no-win situation at the moment

Werdnal

But is the notice valid - if it is not, you may be panicking over nothing for the time being.

Is your deposit protected?
Did you receive the deposit scheme info from the LL/agent?
When did you receive the notice?
What is the expiry date and the exact phrase or sentence used?
What date did your tenancy start - exact date?
When did the fixed term end - exact date?

If anything is wrong with the notice, it is worthless, and whilst the agent/LL will get it right in the end, it will buy you a little more time to find somewhere else!

Also, if you are a single parent, have you asked the council/housing associations local to you whether you qualify for any help from them?

G_M

Werdnal's Qs above are important. answer them in full.

You cannot get "an eviction notice against you" (although your current LL/agent may not write a flattering reference if you need one and have p*ssed him off).

You may be confusing with an adverse record on your credit record. You can only get this if
* you are taken to court for rent arrears (not for re-possession of the property)
AND
* the court orders you to pay the rent, AND
* you still fail to pay

As for the viewings by potential buyers - you do not have to allow them if you don't want. You could write (yes, a letter) to the LL, and copy the agent, to say you are studying and cannot cope with interruptions at home, so no viewings will be possible till you have left.

Better still, why not discuss this with the LL? A compromise where you allow some reasonable viewings, and in return he allows you flexibility to leave whenever you find somewhere new? (get this in writing!).

ladyrider260

Werdnal wrote: »

But is the notice valid - if it is not, you may be panicking over nothing for the time being.

Is your deposit protected? Yes, I have checked
Did you receive the deposit scheme info from the LL/agent?Yes, again, I checked
When did you receive the notice? Beginning of May
What is the expiry date and the exact phrase or sentence used?It was an official section 21 requiring posession of the property
What date did your tenancy start - exact date?28th september 2012
When did the fixed term end - exact date?28th March 2013

If anything is wrong with the notice, it is worthless, and whilst the agent/LL will get it right in the end, it will buy you a little more time to find somewhere else!Sadly it isn't, I have had it checked .... thankyou 30min free solicitors appointment!

Also, if you are a single parent, have you asked the council/housing associations local to you whether you qualify for any help from them?I have an appointment with a nice lady tomorrow from the local housing options

Sorry if I was a bit vague.

ladyrider260

G_M wrote: »

Werdnal's Qs above are important. answer them in full.

You cannot get "an eviction notice against you" (although your current LL/agent may not write a flattering reference if you need one and have p*ssed him off).

You may be confusing with an adverse record on your credit record. You can only get this if
* you are taken to court for rent arrears (not for re-possession of the property)
AND
* the court orders you to pay the rent, AND
* you still fail to pay

As for the viewings by potential buyers - you do not have to allow them if you don't want. You could write (yes, a letter) to the LL, and copy the agent, to say you are studying and cannot cope with interruptions at home, so no viewings will be possible till you have left.

Better still, why not discuss this with the LL? A compromise where you allow some reasonable viewings, and in return he allows you flexibility to leave whenever you find somewhere new? (get this in writing!).

Great advice there G_M, thankyou! :T

Am I legally able to refuse viewings until I leave? TBH I'm not faring well, having been told it was a long let (as the last 2 places have done) then being told 5 months down the line they want me out.

G_M

ladyrider260 wrote: »

Great advice there G_M, thankyou! :T

Am I legally able to refuse viewings until I leave? TBH I'm not faring well, having been told it was a long let (as the last 2 places have done) then being told 5 months down the line they want me out.

You have a right to 'quiet enjoyment' of your home. ie to live there in peace without undue disturbance.
The landlord has rights of access.

These rights often clash. Where they clash (ie he wants to show buyers round & you want to study without being disturbed) only a court can decide who should prevail.

So provided you have made clear, in writing, that your 'quiet enjoyment' is important and you do not want viewings, the LL should not enter without a court order (which he might/might not get and anyway would cost him money and take weeks)

Of course, he might ignore your letter, use his key (if he has one) and just come in. If you think this might happen - change the lock. (keep the old one and replace it when you leave.) A yale lock barrel costs around £5.

But far better to resolve by communication, negotiation, and agreement, rather than confrontation, courts, lock-changes etc.

G_M

Originally Posted by Werdnal
But is the notice valid - if it is not, you may be panicking over nothing for the time being.

Is your deposit protected? Yes, I have checked
What date was it protected?
Did you receive the deposit scheme info from the LL/agent?Yes, again, I checked
What date did you receive?
When did you receive the notice? Beginning of May
May?!! Your tenancy started in 28 Sept 2012 and today is 9/4/2013. It is not yet May!
When did you receive it?
What is the expiry date and the exact phrase or sentence used?It was an official section 21 requiring posession of the property
What is the expiry date and the exact phrase or sentence used in the S21?
What date did your tenancy start - exact date?28th september 2012
When did the fixed term end - exact date?28th March 2013
Are you sure? Does it say '28 March 2013' on the tenancy agreement? Or does it say '6 months'?
6 months from 28 Sept is 27 March. - this is an important difference.

Sorry - still vague. The dates ARE imporant as

* they could make the S21 invalid (solicitors make mistakes....)
* they make a difference to any notice YOU give

ladyrider260

Whoops! It was given on 14th March, not May. That's embarrassing!
It says it's a shorthold tenancy for 6 months. When I had the letter to renew the AST it said the tenancy ran out on 28th March. I didn't renew as I don't have £70 at this stage to do so, not that they would have anyway. The s21 does say 27th may.

ladyrider260

The date the deposit was protected was 27th September 2012.