Our Landlord asked to leave....within 3 weeks

giruzz

Hello,

My gf and I have been living in the same flat for almost 6 years and this is our current situation:

- Latest 1 year contract signed on the 19th of October 2012
- Rent payment made on the 15th of each month (in advance)

Today, our landlord has asked to move out and said he can provide a month notice from the 15th of August or he can be more flexible.

We haven't got an official eviction letter, all we have received so far is just the email with a one liner sentence mentioned above.

I did some research, and I think we are entitled for two months notice but he wants us out earlier because he wants to sell the flat.

Our current rent is lower than comparable flats in the same area and I am not too happy to have to pay an extra £100-£125 for a month or two unless we have to....

I am trying to understand what happens if I refuse to move out without the two months notice - will that cause me future problems (apart from the reference with the new landlord)?

Just to be clear, I am not saying that we want to go to court or that I am refusing to leave.

I just want to delay as entitled by law in order to avoid paying an extra £100-£125 per month unless really necessary (also, I thought about asking if he can cover the difference in rent for the first month but I already know he doesn't want to)

I believe that if the correct eviction form is used, we should be asked to leave the apartment no later than the 18th of November? Or is i the 18th of October?. Can anyone help?

Thanks,
giruzz

Moomum

I believe he has to serve you a section 21 and from that date you legally have two months to leave. So that takes you to end of October. I am sure someone more knowledgeable will be along soon!

RAS

giruzz wrote: »

- Latest 1 year contract signed on the 19th of October 2012
- Rent payment made on the 15th of each month (in advance)

He cannot ask you to vacate before 18th October as you are in a FIXED term contract.

Assuming you are in England or Wales,, he has to give you 2 months notice formally using a S21 notice (before 18 September) to get you out 18 November.

Assuming he has secured your deposit in a scheme and given you the prescribed information within 30 days?

giruzz

Hello,

The contract is for 12 months without 6 months break-in clause.

The deposit is in a scheme, it was put there a few days after we signed the contract (as required by law) but we were notified about four months later after chasing a number of times.

Ninja edit: yes, we are in England.

G.

pizzaboy150

It all depends on what you signed In your tenancy agreement

RAS

giruzz wrote: »

Hello,

The contract is for 12 months without 6 months break-in clause.

The deposit is in a scheme, it was put there a few days after we signed the contract (as required by law) but we were notified about four months later after a chasing a number of times.

G.

So any S21 could be considered invalid until he returns the deposit to you:D.

You could offer to move out early for a consideration if it suits you.

Or not move out in November and he has to take you to court?

RAS

pizzaboy150 wrote: »

It all depends on what you signed In your tenancy agreement

In England and Wales, statute law trumps contract law in renting.

Guest101

You do not have to leave in 3 weeks, lets start there.

And he hasnt served you a notice, email is not considered served, nor is 1 line a s.21.

I would speak to him and find out whats going on. State you are not moving. And probably change the locks.

I_have_spoken

he wants us out earlier because he wants to sell the flat.

Well, he should have thought of that before becoming a LL.

Your fixed term ends 18th Oct 2013, so he'll need to serve you with a valid S.21 in writing, giving at least two months notice from the date the S.21 is issued and which must end on the last day of a rental period.

As it's now 22nd Aug, I reckon a valid S.21 served tomorrow would only come into affect on 15th Nov.

He's perfectly at liberty to put the property up for sale, but you can equally well say to retain quiet enjoyment you need 24hr notice for any viewings and can refuse if not convenient.

The deposit is in a scheme, it was put there a few days after we signed the contract (as required by law) but we were notified about four months later

In that case the LL has provided you with the information and did protect your deposit within 30 days, so it's not a reason to invalidate a written S.21

G_M

RAS wrote: »

He cannot ask you to vacate before 18th October as you are in a FIXED term contract.correct

Assuming you are in England or Wales,, he has to give you 2 months notice formally using a S21 notice correct(before 18 September) to get you out 18 November.????

Assuming he has secured your deposit in a scheme and given you the prescribed information within 30 days?

Don't understand what 18 Sept has to do with anything.

If he served a S21 tomorrow ( 23/8/13) the notice would expire on 23rd Oct. (2 calender months during the fixed term).

If he served S21 on 18 Sept as advised above, notice would indeed expire on 18 Nov, but you might as well say:
" he has to give you 2 months notice formally using a S21 notice (before 13 September) to get you out 13 November.!

Or indeed any other date with a 2 calende rmonth notice period.

As it's now 22nd Aug, I reckon a valid S.21 served tomorrow would only come into affect on 15th Nov.

also wrong. See above. 15th? Why? Rent payment date is irrelevant.

2 calender months notice from date S21 is served.

However, if the 'Prescribed Information' for the deposit registration was not supplied within 30 days, the above is irrelevant:

No S21 will be valid unless the deposit is first returned in full (or less any agreed deductions)

giruzz

G_M wrote: »

Don't understand what 18 Sept has to do with anything.

If he served a S21 tomorrow ( 23/8/13) the notice would expire on 23rd Oct. (2 calender months during the fixed term).

If he served S21 on 18 Sept as advised above, notice would indeed expire on 18 Nov, but you might as well say:
" he has to give you 2 months notice formally using a S21 notice (before 13 September) to get you out 13 November.!

Or indeed any other date with a 2 calende rmonth notice period.

also wrong. See above. 15th? Why? Rent payment date is irrelevant.

2 calender months notice from date S21 is served.

However, if the 'Prescribed Information' for the deposit registration was not supplied within 30 days, the above is irrelevant:

No S21 will be valid unless the deposit is first returned in full (or less any agreed deductions)

I may have made a mistake with some of the dates, I would appreciate if you could confirm our position with regards to notice & deposit

- The first lease (on the first contract) started on the 18th of July 2008
- The second lease was signed on the 19th of September 2011
- The confirmation that the deposit was put in a DPS was actually provided on the 9th of August 2012 (four years after we moved in the flat)
- The third lease (the current) was signed to start on the 19th of October 2012

We never received any formal confirmation re the deposit during the third lease, does this make a difference?

Also, I just noticed that the deposit is only on my gf's while the lease is on both names.

Thanks,
G.