Landlord sells property and wants us out

nadirnwo

On the gov.uk website it says:

Break clauses
If there’s a break clause in the tenancy agreement, your landlord can give you notice after this. However, your landlord doesn’t have a guaranteed right to possession during the first 6 months of the tenancy.

Does "after this" mean, after the LL implements the break clause? So in my case if I have been given 2 months notice for the 31st of May, they can then issue a notice to possess the property after this date?

G_M

nadirnwo wrote: »

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

Yes

On the gov.uk website it says:

Break clauses
If there’s a break clause in the tenancy agreement, your landlord can give you notice after this. However, your landlord doesn’t have a guaranteed right to possession during the first 6 months of the tenancy.

This is poor advice. Yes, I know it's a government site, but.....

* it depends on the wording of the break clause
* what they are trying, badly, to say, is that a court cannot award possession to a LL until 6 months of a tenancy has passed, under any circumstances.. But (depending on the wording of the BR) a LL could give notice, plus a S21, at 4 months, to seek possession after 6 months.
* the quote does not mention S8 or S21, but it should, since these are the only ways the Housing Act 1988 allows a court to grant possession of an AST.

jjlandlord

G_M wrote: »

* what they are trying, badly, to say, is that a court cannot award possession to a LL until 6 months of a tenancy has passed, under any circumstances.

Not "under any circumstances", only "in some circumstances" hence their wording.

But I agree that gov.uk is generally not a good source and that, as here, it tries to pack many things in sort sentences without giving any references: Ie. it is near impossible to comprehend unless already expert on the topic.

nadirnwo

This is all quite frustrating in terms of how difficult it is to interpret various clauses in the legislation and the gov.uk site doesn't help in making things any easier.

I guess in short I am at:

- LL feels that break clause is enough, S21 is not necessary to initiate possession proceedings in a court. Completely ignoring issues regarding protection of deposit, issuing prescribed information.
- I have offered to leave by the date requested if deposit is returned in full.

Lets see what happens........

dimbo61

The DPS is registered the day it is sent in
Nice Try letting agents MUPPETS

nadirnwo

dimbo61 wrote: »

The DPS is registered the day it is sent in
Nice Try letting agents MUPPETS

Today I have received three separate emails, one each from each of the landlords and the letting agent that they are contacting their solicitors. Oh well....

Pixie5740

Hopefully the solicitors will point out what twits they are being. That could help put you in a stonger position to negociate the return of your deposit, removal costs and new agency fees.

skitler

nadirnwo wrote: »

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.

if you've been told to vacate, what are you still doing there, get out and get your own house. its folk that look for the legal loopholes and then whinge when it doesn't pan out for them.


get your own house.

Pixie5740

skitler wrote: »

if you've been told to vacate, what are you still doing there, get out and get your own house. its folk that look for the legal loopholes and then whinge when it doesn't pan out for them.


get your own house.

The OP is still in the fixed term lease, what's the point of having a fixed term if the LL can just tell the tenant to vacate? Moving is expensive and so the OP could negociate with the LL to cover some of these costs. At no stage has the OP said he/she wouldn't move.

quidsy

The op has paid fees, deposit etc for the right to live in this house & treat it as their home. That is why these laws are in place to protect them from LL like this who have no clue & think that the tenant who has paid for the right to live in the houseis disposable.