Landlord sells property and wants us out

nadirnwo

My lanldord has sold our flat and it appears that he has sold it promising vacant possession as the buyers are hoping to move in.

My 6 month fixed term part of our 12 month contract ended on the 19th of March.

I have now received a letter dated 31/03/2014 asking us to leave by the 31st of May. I only saw the letter on the 6th of April as I told the LL I was travelling. I am abit confused about how the notices need to line up with the monthly rental payments? We pay our rent on the 1st of each month. I am assuming they are okay on this front?

They have sent over a piece of paper with no mention of any Section 21XX, etc. It does not even mention the name of the property.

Plus the LL did not protect the deposit within 30 days. After pestering them I was told that I may have paid their agent the deposit at a certain date but they only received it X number of days later and so are not liable.

The LL has not issued Prescribed Information either.

If I were to ask the LL to return our original deposit and issue a proper Section 21 notice, would that be appropriate?

The LL is not cooperative at all. For example, they are insisting that we pay rent till the 31st of May and offer no flexibility in case we find something else a week or so earlier.

anselld

nadirnwo wrote: »

If I were to ask the LL to return our original deposit and issue a proper Section 21 notice, would that be appropriate?

You could do, but that would be pointing out their mistake.

Alternatively you could stay and contest any possession claim on these grounds in Court and sue for up to 3x deposit if you feel that way inclined.

The LL is responsible for protecting the deposit regardless on the incompetence of their agent.

dimbo61

Do nothing and wait and see what happens.
Tell the Landlord nothing.
Speak to Shelter or CAB
The LL cannot evict you until he has served a valid S21 and he cannot do that until he has returned your deposit.
Protecting the deposit within 30 days is the LL responsibility not the agents.
You might be prepared to move early ( but it could take months to evict you ) it you are compensated big style.
New letting agent fees, return of deposit, moving costs etc.compensation
Sue the LL after you have moved for 3X deposit

G_M

Much depends what you want. And what your relationship is with the LL.

Do you want to be helpful? Friendly? A nice tenant? Move out in time for the sale to Complete.

Do you want to skr** the LL over? Say/do nothing and stay put (but consider changing the locks).

Or do something in between. Start looking for a new home and move when you can.

There is really no need to provide legal advice to your landlord unless you actually want to be helpful.

Your legal position is:

1) you have not receivd (it appears) a S21, therefore cannot be made to leave
2) your deposit is unregistered, so if/when a S21 is served, it will be invalid so can be ignored
3) your deposit is unregistered, so you can sue (now or later) for 3 times the deposit

The implications for your LL if you do not cooperate (ie move out) are that he will not be able to Complete the sale. That is a breach of contract and will cost him a lot of money, potentially thousands.

My 6 month fixed term part of our 12 month contract ended on the 19th of March.

Please explain. Is it a 6 month contract or a 12 month contract?

Or 12 months with a Break Clause after 6 (in which case please quote the Break Clause)?

nadirnwo

Yes, it is a 12 months with a Break Clause after 6 month, which allows either side to determine the tenancy giving two months notice.

The LL believes they have done so by informing me over email and then sending a letter in the post saying the same. Does the Section 21 need to be on a specific form or does it just needed to be refereed to?

On the other hand, I guess from the LL's perspective they may be thinking that the break clause as stated in the contract is enough?

I would like to be accommodative and helpful, though I have had a horrible time dealing with the LL and the LL's appointed letting agency. So not really willing to go out of my way.

G_M

nadirnwo wrote: »

Yes, it is a 12 months with a Break Clause after 6 month, which allows either side to determine the tenancy giving two months notice.

The LL believes they have done so by informing me over email and then sending a letter in the post saying the same. Does the Section 21 need to be on a specific form or does it just needed to be refereed to?

On the other hand, I guess from the LL's perspective they may be thinking that the break clause as stated in the contract is enough?

I would like to be accommodative and helpful, though I have had a horrible time dealing with the LL and the LL's appointed letting agency. So not really willing to go out of my way.

The LL still needs to serve a S21 Notice. There are only 3 ways a tenancy can be legally ended:
1) mutual agreement
2) valid notice by the tenant
3) order of a court

Where 1) does not happen, a LL must do 3).
To do 3), a LL must 1st serve a S21 (or S8 for eg rent arrears).

There is no standard form for a S21, but the notice must contain specific information. see

[FONT=&quot]Example S21(1)(b) & S21(4)(a)[/FONT][FONT=&quot] [/FONT]

thequant

nadirnwo wrote: »

My 6 month fixed term part of our 12 month contract ended on the 19th of March.

I have now received a letter dated 31/03/2014 asking us to leave by the 31st of May. I only saw the letter on the 6th of April as I told the LL I was travelling. I am abit confused about how the notices need to line up with the monthly rental payments? We pay our rent on the 1st of each month. I am assuming they are okay on this front?

.

Not withstanding the S21 & deposit issues,


he has already screwed up on the two months notice on two fronts.


1) letter is dated 31/03/2014, even if posted first class the rules of service state that you must allow 2 (or is 3 days) for service to be effective.


2) The two months notice runs on your contract month (even if you pay rent monthly on the first or last day of the month), as your contract ended on the 18th your contract month runs from the 18th to the 18th each month.


Sounds like your LL is clueless, if they are not offering any flexibility then it time to teach them a lesson.


Do everything (i.e. get advice) but say nothing (to LL).


It's up to them to learn the law not for you to teach them.

nadirnwo

G_M wrote: »

The LL still needs to serve a S21 Notice. There are only 3 ways a tenancy can be legally ended:
1) mutual agreement
2) valid notice by the tenant
3) order of a court

Where 1) does not happen, a LL must do 3).
To do 3), a LL must 1st serve a S21 (or S8 for eg rent arrears).

There is no standard form for a S21, but the notice must contain specific information. see

[FONT=&quot]Example S21(1)(b) & S21(4)(a)[/FONT][FONT=&quot] [/FONT]

Thank you for that. The current letter they have sent me makes no mention to any specific laws or regulations.

G_M

Errr not quite...

thequant wrote: »

Not withstanding the S21 & deposit issues,


he has already screwed up on the two months notice on two fronts.


1) letter is dated 31/03/2014, even if posted first class the rules of service state that you must allow 2 (or is 3 days) for service to be effective.

It may not be relevant when letter was dated, what matters is date served. OP does not say, but it's possible the LL posted it on 28th but dated it 31st. Or LL may have hand-delivered on 31st. As OP was away travelling, we cannot know.

2) The two months notice runs on your contract month (even if you pay rent monthly on the first or last day of the month), as your contract ended on the[STRIKE] 18th[/STRIKE] 19th your contract month runs from the [STRIKE]19th[/STRIKE]20th to the 19th each month.

OP has not (as requested) quoted the Break Clause, but it appears that it requires 2 calender months notice. During the fixed term there are no 'contract months' or 'Tenancy Periods'. The contract, or tenancy period, is 12 months.

nadirnwo

Sorry, the exact wording is:

12.4: The Tenant may determine this tenancy on or after the sixth month of this tenancy by giving the Landlord or the Landlord's Agent not less than two (2) months notice in writing to that effect, the earliest such date for giving notice being on or after the sixth month of occupancy.

12.5): The Landlord may determine this tenancy on or after the sixth month of this tenancy by giving the Tenant not less than two (2) month's notice in writing from a rent due date to that effect, the earliest such date for giving notice being on or after the sixth month of occupancy.

As for the letter itself, it appears to have been hand delivered as there is no postage on it, so cannot say when it was actually served.

BitterAndTwisted

Did you know the property was up fro sale when you entered into this tenancy? If you didn't the landlord certain did.

For that reason I wouldn't go out of my way to be co-operative. Securing a new property and moving costs money, sometimes lots of it, and any tenant who knows they will definitely be on the move in a mere six month's time would likely choose another if they had a choice.

Landlord wants a sale but to be able to collect rent right up until the last moment at the same time. Eff him!