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

2

Comments

  • ladyrider260
    ladyrider260 Posts: 279 Forumite
    Sorry if I'm a bit scrambled egg, my brain isn't functioning great at the mo.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Thanks.

    So yes, you've had a full 2 Tenancy Periods Notice ending on 27th which is when your tenancy periods end.

    It appears to be valid, as you said.
  • ladyrider260
    ladyrider260 Posts: 279 Forumite
    Thanks G_M. It's a relief to know about the whole eviction thing, I will say that I am sure that I have seen on an application "Have you ever been evicted from a rental or owned property". Think the wise thing would be to grab a copy of every letting agents applications and double check. I would like to rent privately but time (and my situation) is against me so if I can buy myself some extra time then that would be great! It's a pain having to give notice as I just don't know what my situation will be in a few weeks time. I'd like to leave on my notice date but they haven't really left me with a lot of options.
  • thesaint
    thesaint Posts: 4,324 Forumite
    Part of the Furniture Combo Breaker

    Am I legally able to refuse viewings until I leave?

    What does your tenancy agreement state about access for viewings?
    Well life is harsh, hug me don't reject me.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    thesaint wrote: »
    What does your tenancy agreement state about access for viewings?
    Whilst this question has some minimal relevance, whatever the answer does not alter the advice I gave in post 8 above.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    ....., I will say that I am sure that I have seen on an application "Have you ever been evicted from a rental or owned property". .
    Maybe. But you must understand that a S21 is not an eviction notice.

    Only a court can order an eviction.

    So - if you stay beyond the date on the S21, and then the LL applies to a court, and is successful, THEN you will receive 'an eviction notice'.... from the court.

    If that does not happen, you can honestly answer the question you quote: "No."
  • thesaint
    thesaint Posts: 4,324 Forumite
    Part of the Furniture Combo Breaker
    G_M wrote: »
    Whilst this question has some minimal relevance, whatever the answer does not alter the advice I gave in post 8 above.

    I didn't want to alter your advice, I want to give proper advice after taking into account what the tenant has agreed to, which cannot be withdrawn unilaterally.
    Well life is harsh, hug me don't reject me.
  • Contract terms cannot over-ride statute. If you think they do, please provide us with a link as evidence of your position.

    Regardless of what the OP's rental agreement may say they are not obliged to allow access if they don't want to. Under such circumstances the OP should WRITE to the landlord, and send a copy to the agent, stating this. In the meantime I would change the BARREL of a lock on both the front and back doors to prevent unauthorised access because as sure as eggs is eggs the estate-agent acting for the LL/vendor will have even less understanding of LL&T law than a letting-agent would.
  • angrypirate
    angrypirate Posts: 1,151 Forumite
    G_M wrote: »
    Whilst this question has some minimal relevance, whatever the answer does not alter the advice I gave in post 8 above.
    It doesnt matter what the contract says. The OP has a right to quiet enjoyment. They can refuse access for all viewings
  • thesaint
    thesaint Posts: 4,324 Forumite
    Part of the Furniture Combo Breaker
    Contract terms cannot over-ride statute. If you think they do, please provide us with a link as evidence of your position.

    The two are mutually exclusive.
    If you are stating that a judge cannot enforce a contract term for access, that is something I am willing to look into.

    If a judge can enforce the terms of a tenancy agreement relating to access, then that seems he is overuling statute.

    You are overstating the meaning of the term "Quiet enjoyment".

    By all means tell the original poster to follow your foolhardy advice, but I am simply pointing out that if the contract is contrary, then they can end up with a legal bill that they did not count on.
    It doesnt matter what the contract says. The OP has a right to quiet enjoyment. They can refuse access for all viewings

    In the same way that I can drive down the M1 at 130 m.p.h.
    Well life is harsh, hug me don't reject me.
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