Issue with Landlord selling

Gwhiz

hamster2013 wrote: »

That is all that matters
him knowing what you want, or him agreeing, out of goodwill, to anything else is irrelevant
if he gives you a notice today - which is 29th october, means that by 29th December, you need to vacate

why he should pay for your moving costs, or find you another property is out of my understanding

would you pay for his estate agent commission and the difference in price he gets in the sale of his property between now and 25th of Februrary ?

If you are happy to commit to that legally and in writing with him, i am sure he will agree for you to stay till then.

I think you need to re-read my opening post.

kwmlondon

If I were you I'd step back, take a big breath and look at this dispassionately. Sure, your landlord is being a d**k and saying something like "I hope you're not going to be difficult" would incense me too! However, I'd suggest writing a letter outlining the situation in a friendly, but clear manner.

1. He has to serve you two months notice, that is the law.
2. Leaving within 4 weeks would be very, very difficult for you.
3. You have no intention of being "difficult," you simply want to find a solution to the problem that will be good for both of you.
4. What can he suggest to make it possible for you to move out earlier? E.g. would he pay for a moving company to help you pack, refund you your deposit now so you will be able to pay the deposit on a new property straight away.
5. As sitting tenants there is a lot you can do to help him sell his home quickly, e.g. when people come to view the property explain to them that you have come to an arrangement with the landlord to move out quickly. This is a big concern of a potential buyer, if you make it clear that you are committed to moving out as quickly as possible, by amicable arrangement with your landlord, then that will help his sale.

Ignore the fact that he's a pratt and keep an open mind.

tiger_eyes

hamster2013 wrote: »

if he gives you a notice today - which is 29th october, means that by 29th December, you need to vacate

why he should pay for your moving costs, or find you another property is out of my understanding

Since we are already into the next rental period, notice served today would not start until the 26th of November, let alone expire. As the landlord wants possession on the 26th of November, the landlord needs to make a persuasive offer for early surrender of the legally binding contract that he freely agreed to. The OP has every right to decide what offer would be sufficiently persuasive.

G_M

Gwhiz wrote: »

That link is VERY useful, thank you.

And thank YOU for saying so!

G_M

tiger_eyes wrote: »

Since we are already into the next rental period, notice served today would not start until the 26th of November, let alone expire. As the landlord wants possession on the 26th of November, the landlord needs to make a persuasive offer for early surrender of the legally binding contract that he freely agreed to. The OP has every right to decide what offer would be sufficiently persuasive.

No.

A S21 served today would be served during the fixed term of the tenancy, so the question of 'periods' does not arise.

It is two calendar months.

See

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?)

(also linked earlier)

19lottie82

hamster2013 wrote: »

if he gives you a notice today - which is 29th october, means that by 29th December, you need to vacate

No it doesn't....

Foxy-Stoat_3

19lottie82 wrote: »

No it doesn't....

Agreed, if a S21 was served today then the earliest you should vacate would be 25th January 2014...if you say I am not moving the LL will have to go to court to obtain an order for possession.

Mulder00

Foxy-Stoat wrote: »

Agreed, if a S21 was served today then the earliest you should vacate would be 25th January 2014...if you say I am not moving the LL will have to go to court to obtain an order for possession.

Why? OP is still within the fixed term period of the AST...

Also, the OP appears to have a break clause (which we would need to see the exact wording of in order to avoid speculation), but this allows (based on what the OP said) the LL to give the OP one months notice at the end of the fixed period.

Foxy-Stoat_3

If the rent is due on 25th of the month then the S21 needs to be issued before 24th so it can expire on the 24th of the following 2 months.

For a tenant to vacate the only legal notices the LL can serve are S21 or S8. Whatever is in the tenancy agreement still needs to be enforced, i.e. issuing S21 or S8 so a clause can't be used to legally remove the tenant, it can only be used as a "ground" to remove them in a S8 notice.

I hope that makes sense !

G_M

For goodness sake! How much erroneous advice can there be in a single thread!?

the basics are that my 12 month AST runs out on 25th November. I have not
been been served a Section 21

1) the fixed term has not expired.

2) a S21 Notice served during the fixed term expires
a)no earlier than the end of the fixed term (25th Nov in this case) AND
b) no earlier than 2 calendar months from the date of service.

3) so if served on 29/10/13 it would expire on 28/12/13

4) the date rent is paid is totally irrelevant

5) the tenancy periods are totally irrelevant

6) the tenant still does not have to leave on 28/12/13. The S21 Notice does not end the tenancy

7) if the LL wishes to end the tenancy, he must apply to a court - after 28/12/13

8) A break clause that can only be implemented at the time the tenancy ends anyway is not a break clause! In what way does it 'break' the tenancy after 12months, since the tenancy ends anyway after 12 months (unless replaced by a SPT or further fixed term))