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What to do if the landlord does not reply to a request for extension of tenancy?
Comments
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#9 : even though she gives a month's notice, the end date of the tenancy will be the same, as the landlord gave S21 notice on 17th June, so, the earliest possible notice by my sister would be made on 18th, which cannot take effect till next rent due day - 17th July , so the last month will be from 18th July to 17th Aug. the EA knows very well the trick.Sigh0
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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?)
But assuming the deposit was registered, and the 'Prescribed information' was provided, both within 30 days of payment, then the S21 appears tobe valid.
Of course, it would take the LL a few additional weeks to get a court orderfor possession.0 -
the earliest possible notice by my sister would be made on 18th, which cannot take effect till next rent due day - 17th July
She could move out by an earlier date if the landlord agreed. Depending on the circumstances of his buyer this might be to his advantage.Note: Unless otherwise stated, my property related posts refer to England & Wales. Please make sure you state if you are discussing Scotland or elsewhere as laws differ.0 -
- The S21 notice was put to my sister's letter box on 17th June 2013 at 16.30. It demanded the possession on 17th Aug.
- it was mentioned in the EA's covering letter that it was a S21 notice,
On or after?
If "On", were there words to say that the landlord requires possession "after" the date, blah, blah, blah.Well life is harsh, hug me don't reject me.0 -
# 15 : thanks for asking. In the notice , it says "I give you notice that I require posession of the dwelling house known as xxx (address).
Date of Expiry after : 17th August 2013.
Signed : xxx (EA's signature)
Dated : 17th June 2013"
Does it make any difference?0 -
Sorry, made a silly post after getting confused with the dates - nothing to see here!!0
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# 15 : thanks for asking. In the notice , it says "I give you notice that I require posession of the dwelling house known as xxx (address).
Date of Expiry after : 17th August 2013.
Signed : xxx (EA's signature)
Dated : 17th June 2013"
Does it make any difference?
On first glance, it appears that the Sec 21 notice is valid.
Your sister needs to find out the landlords intentions, and/or vacate the property at the earliest oppurtunity.
She needs to serve her own notice to end the tenancy unilaterally.
She should not offer to pay more rent, but write to the landlord with something like "I will leave the property by "x" date, so if you take me to court for possession, I will dispute the court costs, as you would have vacant possession before the court awards possession, and bailiffs are appointed".Well life is harsh, hug me don't reject me.0 -
[QUOTE
She should not offer to pay more rent, but write to the landlord with something like "I will leave the property by "x" date, so if you take me to court for possession, I will dispute the court costs, as you would have vacant possession before the court awards possession, and bailiffs are appointed".[/QUOTE]
Thanks, thesaint!! Is it really necessary that she notifies the EA of her intended date of departure?
I have a question related to the procedure related to the court possession order: If she leaves before the court order is issued/executed, what kind of consequences, legal and financial that she will have?0 -
This S21 notice is NOT valid - the date of service cannot be included in the notice period.0
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