Landlord sells property and wants us out

G_M

I do not know why you bothered to even raise the issue with the LL/agent, but you have.

The agent is wrong. However there is no reason to tell them so, or to get into a discussion. Just ignore and wait. If you respond and start a discussion, you will achiee nothing except to waste your own time, and increase your stress.

If you simply do not move out on the requested date, the landlord can,

1) use force to evict you. This would be a criminal offence
2) let you stay
3) go to court

If they do 3) the court will ask to see a S21 or S8 (as indeed the link explains!), and if there is not one, the LL/agent will fail to get possession.

As for the late registration, a court has no discretion: if a deposit is registered late a penalty must be imposed by the court. The amount of the penalty is discretionary, and yes, the judge will consider the factors the agent has raised, and reduce the penalty.

See also:

Localism Act 2011 (section 184 - updates to deposit scheme rules) Plain English explanation!

nadirnwo

These are some other clauses in my tenancy that may be relevant?

- Notice is hereby given that possession might be recovered under Ground 1, Schedule 2 of the Housing Acct 1988 if applicable. That is, the Landlord used to live the Property as his or her main home; or intends to occupy the Property as his or her only or main home.

- Before the Landlord can end this tenancy, he shall serve any notice on the Tenant in accordance with the provisions of the Housing Acts. Such notice shall be sufficiently served if served at the last known address of the tenant in accordance with section 196 of the Law of Property Act 1925.

jjlandlord

Well, they make a good team...

As said, if used correctly the break clause will end your fixed term tenancy.
But, as per the law (housing act 1988) as soon as that happens and you remain at the property, a statutory periodic AST will arise.
I.e. they won't be any closer to get you out.

Assuming you continue to pay your rent, etc. and they do want you to leave they will have to use the s.21 route. There is no other option unless you accept to leave.
As they haven't protected the deposit in time, and you have they admission in writing, thus they will not be able to serve any s.21 notice until they have refunded the deposit to you. The landlord remain liable for the non-compliance penalty.


Ignore all the rubbish and stop arguing with them: you are only helping them.
Just state on what conditions you would accept to surrender the tenancy and wait.

nadirnwo

G_M wrote: »

I do not know why you bothered to even raise the issue with the LL/agent, but you have.

The agent is wrong. However there is no reason to tell them so, or to get into a discussion. Just ignore and wait.

If you simply do not move out on the requested date, the landlord can,

1) use force to evict you. This would be a criminal offence
2) let you stay
3) go to court

If they do 3) the court will ask to see a S21 or S8 (as indeed the link explains!), and if there is not one, the LL/agent will fail to get possession.

Yes, I shouldnt have brought this up. I just went on Easter break (teacher you see) so I guess I have had alot of time to look up case studies, law and read up on things. Its just that when I get bombarded with emails from the landlords (they are a couple) and different people from the letting agent, I guess I couldnt help myself from responding.

G_M

nadirnwo wrote: »

These are some other clauses in my tenancy that may be relevant?

- Notice is hereby given that possession might be recovered under Ground 1, Schedule 2 of the Housing Acct 1988 if applicable. That is, the Landlord used to live the Property as his or her main home; or intends to occupy the Property as his or her only or main home.

- Before the Landlord can end this tenancy, he shall serve any notice on the Tenant in accordance with the provisions of the Housing Acts. ie S8 Notice Such notice shall be sufficiently served if served at the last known address of the tenant in accordance with section 196 of the Law of Property Act 1925.

The LL could evict you using this route.

To do so, he would first have to issue you with a S8 Notice, and then go to court.

He cannot avoid court (legally) and he cannot avoid first using a S21 or S8.

But do not respond by telling him this!

nadirnwo

jjlandlord wrote: »

Ignore all the rubbish and stop arguing with them: you are only helping them.
Just state on what conditions you would accept to surrender the tenancy and wait.

Yes, I will. It is finally sinking in that going back and forth is not getting anywhere.

nadirnwo

G_M wrote: »

The LL could evict you using this route.

To do so, he would first have to issue you with a S8 Notice, and then go to court.

He cannot avoid court (legally) and he cannot avoid first using a S21 or S8.

But do not respond by telling him this!

Would S8 notice be valid if they have protected deposit late and note issued prescribed information?

G_M

nadirnwo wrote: »

Would S8 notice be valid if they have protected deposit late and note issued prescribed information?

Yes. Unlike a S21, a S8 is not invalidated by non-registration.

nadirnwo

G_M wrote: »

Yes. Unlike a S21, a S8 is not invalidated by non-registration.

I assume that I can still sue for penalty of non protection even if S8 is served?

quidsy

I would personally only be communicating in relation to what you want/need in order to vacate as regardless of how clueless they are you will have to leave the property eventually & it is best to do it on your terms imo.

A letter outlining any costs you need to be covered should be a good start.