Notice Given

Lyz_Fox

Please be gentle as no doubt this will be obvious.
Took out a 12 month contract with a 6 month break clause, ll rang on Tuesday and said they are having financial problems so will probably have to move back in but unsure at that point. This morning I received a letter form the letting agents saying I had to be out by 2nd September.
My query is, I thought it had to be 2 months from your rent contract date i.e mine is the 22nd of the month and as they had missed this month then it would officially be 22nd July that it could be served so therefore it would be 22nd September that it would be effective but they have put the finish date as 2nd September?
Having looked through my shorthold tenancy agreement I cannot find anywhere about notice period?
My reason for asking is that locally they are building some more social housing for which apparently I will be very near the top of the list due to the local connection ruling in the village, 2 young kids and being made homeless but they are not due to be finished until early September so could do with the 22nd being the date.
Any help gratefully received

Kind regards
Lyz

grifferz

When did your tenancy start? Are they using the break clause or are they using the end of the statutory period?

Lyz_Fox

On a side note to this does anyone know where I stand with ie Virgin as this was supposed to be a long tern let ie 12 months and then renewed for 2 years at a time. Unfortunately due to a change in the LL's circumstances I have to move out but my contracts for virgin and the phone etc are for a min 12 months? Where I am looking at moving to they dont cover so would ringing up and grovelling work? In hindsight I should not have signed up I know and naivity is not an excuse but I genuinely believed this was a long term house otherwise as discussed with the letting agent and LL I would not have signed up for it.
You live and learn but dont want to get stuck with ongoing bills if it can be avoided?
Thanks again
Lyz

Lyz_Fox

grifferz, not sure it doesnt say on the letter or rather not sure what I am looking at/for. it says it is in accordance with the housing act 1998- section 21 if that helps?
Thanks

grifferz

Lyz_Fox wrote: »

On a side note to this does anyone know where I stand with ie Virgin as this was supposed to be a long tern let ie 12 months and then renewed for 2 years at a time. Unfortunately due to a change in the LL's circumstances I have to move out but my contracts for virgin and the phone etc are for a min 12 months?

Normally if they are able to service you at your new address then they will allow a change of address and the contract to continue (you must pay the monthly fee whether your service is working or not between the properties).

If they don't service the area you move to then grovelling often gets you out of the contract.

Ultimately though they do not have to let you out of the contract and this is a risk when entering into any long term contract while in rented accommodation.

I asked you what date your tenancy started and whether your landlord was using the break clause or the end of the fixed term, and you replied that you did not know. Telling us the start date I asked for and the date on the S21 will answer both those questions.

Lyz_Fox

Hi
Ok so grovelling I shall try & a lot of hope
My start date was 22nd February and the date on the letter is 28th June?
Hope this helps
Lyz

grifferz

Lyz_Fox wrote: »

My start date was 22nd February and the date on the letter is 28th June?

Okay so 12 month AST with 6 month break clause, started 22nd Feb, therefore the 6 month break date would be 22nd August. What does the text in your tenancy agreement ay with regard to the break clause? You are looking for details of the notice that must be given by them, whether it has to be before the break or from the break onwards, etc.

At first impression it seems their date of 2nd September is not correct in any situation.

Once you are sure of the facts, writing back to them and pointing out that their dates are wrong and offering to leave on 22nd September may be the simplest and most reasonable option.

If you want to be maximally unhelpful to the landlord then you could just keep quiet as an incorrect S21 notice is their problem. If it transpires that they cannot legally get you out then you could also offer early surrender for some compensation.

But let's see the text regarding the break clause and see how wrong it is first..

BitterAndTwisted

If the first day of your tenancy was 22nd Feb then your rental-periods run from 22nd to 21st of month following. Therefore the two rental-periods notice runs from 22nd July (because they were too late in serving it this month).

However, you and your landlord can agree anything you like between you as long as it suits you both and you GET IN WRITING!

Dunno where the agent has got this 2ndof September business from, or the notion that you have to be out by that date. Your section 21 Notice is only informing you that the landlord will seek to end the tenancy in court from that date. That's why it's called a NOTICE.

Note: taking that S21 down to the housing dept might push you up the list BUT some local authorities insist that your landlord enforces possession through the court or that you wait until the court-appointed bailiffs are at the door, so do not agree to vacate until you are absolutely certain what your onward move is going to be.

Lyz_Fox

the contract says.
notwithstanding the provisions of the agreement relating to the terms of the tenancy it is agreed within the parties that should the LL wisht to terminate the tenancy, he may give the required 2 months notice in writing to the tenant in accordance with section 21 of the housing act 1998. this notice can be served upon the tenant at any time but must not expire before 6 months from the commencement of the tenancy.
Thank

Lyz_Fox

I suppose in reality the letter doesnt say I have to be out it says the tenancy will terminate when subject to vacant possession the rental liability will cease.. sorry new to this renting business
Thanks

tim123456789

Even if the LL has got the date right, you still do not need to move out on this date.

This date is just the date that he can start eviction proceedings through the courts and it will take him another 2-3 months to do that.

There is nothing at all wrong with you insisting that he do this, and as has been said above, most LAs will require you to do this if you want them to re-house you.

HTH

tim