Cancelling a tenancy cancellation notice?

kashmirix

Hello,

We have been allocated a housing association flat where tenants have to move in within a week of being advised of vacancy. In late February we were told that we would be moving in around 22 March so we gave our private landlord the required 28-days cancellation notice. However, today we learned that the construction works at the HA flat, which is in a newly built development, are severely delayed and the property will not be ready before May or even June.

Is there a provision in the law that a rent cancellation notice can be cancelled, or it only depends on the goodwill of the landlord?

The landlord has already found a next tenant for our flat and taken a deposit.

We really don't want to end up on the street.

Many thanks,
k.

anselld

kashmirix wrote: »

Is there a provision in the law that a rent cancellation notice can be cancelled, or it only depends on the goodwill of the landlord?

Goodwill of the L I'm afraid.

DaftyDuck

If he's found a tenant and taken a deposit... I'd strongly suggest you are out of luck. He'd be breaking contract with them, after all...

thesaint

Are you sure you gave a valid notice to quit?
I'm not.

Jenniefour

Did you receive a letter/email from the Housing Association naming a definite date on which you could move in?

If so, tell Housing Association your situation - that you relied on this for accurate information and, on that basis, have already given notice on your current property for which there is already a signed up tenant when you vacate. Ask them what they are willing to do to help, especially as it seems they normally expect people to move in within a week. I assume you have this in writing too.

If not, look at your options for temporary accommodation/staying with friends/relatives in the interim period.

Worth a phone call to LL first to see if there is any leeway at all to give you a little more time - but don't get your hopes up on that one because he already has another tenant lined up.

This is not a problem of your LL's making, LL has not done anything wrong, so going back to check whether your notice was technically valid is not helpful - it was your intention to leave at the time you gave your notice and your LL accepted this and acted accordingly.

If you have everything in writing re moving in date which has been changed then the Housing Association are the first port of call.

kashmirix

Thanks. I ringed the landlord (a corporate landlord by the way) and the officer agreed to contact the new tenant and see whether they would be willing to wait a few more weeks. She also told me that I could cancel the notice altogether, and this would be OK with them. Anyhow, we are to talk tomorrow again, but the matter took a much better course than I ever expected (especially that the new tenant was to pay a 20% higher rent than us). Waiting impatiently for tomorrow's talk.

BigAunty

A landlord can only gain possession of the property through the courts if the tenant won't leave of their own volition. This can take a number of months depending on various factors.

There's not much a landlord can do immediately if a tenant changes their mind, whether the tenant has served notice or not, whether the landlord has accepted a new deposit/signed tenancy agreement from the new incoming tenants.

Your choice is either to find interim accommodation elsewhere or tell the landlord you are staying put until he has gone through the legal eviction process, gaining a possession order in the courts, and then the next step to enforce it with the use of court appointed bailiffs.

PlymouthMaid

I hope you sort something out but I must admit I don't think much of the advice to stay put until the poor LL evicts you. He hasnt done anything wrong so why give him grief?

lighting_up_the_chalice

PlymouthMaid wrote: »

I hope you sort something out but I must admit I don't think much of the advice to stay put until the poor LL evicts you. He hasnt done anything wrong so why give him grief?

Because it beats being homeless?

agrinnall

lighting_up_the_chalice wrote: »

Because it beats being homeless?

But in this case it's the HA that is completely in the wrong, and I think they should be responsible for accommodating the OP until the promised property is ready, rather than screwing both the LL and new tenant.

Jenniefour

kashmirix wrote: »

Thanks. I ringed the landlord (a corporate landlord by the way) and the officer agreed to contact the new tenant and see whether they would be willing to wait a few more weeks. She also told me that I could cancel the notice altogether, and this would be OK with them. Anyhow, we are to talk tomorrow again, but the matter took a much better course than I ever expected (especially that the new tenant was to pay a 20% higher rent than us). Waiting impatiently for tomorrow's talk.

Excellent news. Looks like there are real possibilities there.

I recommend you ignore any advice given here to game your landlord - this situation is not of their making - even so, it looks like they are generously offering a possible solution.

If this works out then I would still be contacting HA to tell them what's happened (after your chat tomorrow and you know the outcome) and to let them know that you will need a definite moving date that you can rely on when they are able to give one, and not a date that turns out to be a moving feast. They need to manage their side of things more effectively.