S21 dates valid?- updated

RAS

twink22 wrote: »

The agent also tried to threaten me with a CCJ!

Thanks

1. As long as you pay rent for the new rental period and you give the required notice and pay until the end, he has no claim for damages.

2. He can still try it on (send him a letter with the new address with certificates of pasting so he has to serve notice at the new address) but if you defend he will get nowhere.

3. Even if he won something, as long as you pay within 28 days and get the certificate, it does not count.

twink22

RAS wrote: »

3. Even if he won something, as long as you pay within 28 days and get the certificate, it does not count.

I told her this, but I think it fell on deaf ears.

RAS

twink22 wrote: »

I told her this, but I think it fell on deaf ears.

Well I think you have proved the point.

Sounds like someone has heard that a CCJ is a bad thing if someone comes in wanting to rent but actually has no idea of the legal rules or processes?

Kynthia

twink22 wrote: »

UPDATED
If he has started proceedings do we still have to give a months notice? The agent said we don't but legally I think we do.

Legally the section 21 does not end the tenancy. Only the tenant and a court order can end the tenancy. Therefore if you wish to leave before a court order you have to give notice, even if a section 21 has already been issued.

G_M

Mt advice would be to minimise communication with this agent-indeed, if they phone, make an excuse "Can't talk now. Sorry. Can you write?" and put the phone down.

Clearly they either do not know the law/procedures, or they do but hope you don't.

Either way, ignore their threats, do not leave (unless you wish to) and make sure that YOU act correctly (ie continue to pay rent, give appropriate notice).

ValHaller

twink22 wrote: »

She even told me on the phone she knew more than I did and had had legal training, I laughed at that!

Let them believe it. Don't do anything to shatter their illusions!!! The longer they carry on the more of a fine mess this Laurel and Hardy outfit will get themselves into.

twink22

Just wanted to update with some differing advise I have received from Shelter.

Having further researched S21 of the housing act online and read many differing views of the dates that 2 months notice would start/end on I finally emailed shelter with some questions about our situation, their response in regard to the dates on the S21 is this-

'In your case, it sounds as though your landlord served the notice before your 18 month fixed term had come to an end. So, notice which was served on the 13.09.2013 and expired 12.11.2013 would count as two months and would be seen as valid'

They also didn't think that it not being signed was an issue.

On a plus point though they did also say that 'When you request more time, you could also submit evidence to the court to show that you have tried to negotiate with your landlord to avoid court. The Judge might think the landlord has come to court unnecessarily and make him pay his own costs.'

Finally we have some movement on the house purchase and should (fingers crossed) exchange early next month, so hopefully we can avoid the bailiffs!

RAS

Make sure you give the require notice and

1. do not give notice until you have exchanged ( so make sure your Lawyer and EA know the deadline now).

2. Make sure that the property into which you are moving is either occupied by the vendor or is vacant before you exchange.