Notice to vacate from landlord. Notice period confusion.

topdaddy_2

You dont "legally" have to be out on the tenth unless ordered by a court.

CM66

Either way i'd go an buy a cheap lock and change the barrel so she doesn't decide to let herself in and try and illegally evict you.....

RAS

Change the barrels of the locks now and change them back when you move out. Costs £5-10 and is worth the hassle. A screw driver is needed and a hacksaw useful if you need to reduce the size of the spindle.

Beyond this there are two issues

1. Your LL fundementally fails to understand the basic rule regarding ending a tenancy. The S21 does NOT end a tenancy.

It is notice that if you stay after the end of the S21, then the LL is entitled to take you to court and once she gets a court date, the court has to give her possession.

If you then refuse to move out she has to book bailiffs. So depending where in the country you are it could be anything from 2-6 months before she gets vacant possession.

You need to explain this to her now; maybe send her the link in G_M's thread?

2. The court only has to give possession if the S21 is correctly served. It is not. Therefore her court action will fail.

Once she sends court papers you need to enter a defence on the grounds of incorrect service of notice. Not before however.

Craigiemc

Thanks for the advice, I'm going to speak to her about the situation but I don't think she'll react very well at all. I'm weary about changing the locks as I'm afraid that'll get us in trouble, or break our agreement? I know she'll probably use everything she can now so I wouldn't want to give her any extra ammunition.

franklee

The problem with talking over the phone is that people can change/deny/forget what was said. I'd suggest you write a short email to the agent cc the landlord stating that as you have already explained over the phone to both them and the landlady you will not be vacating by the 10th. I'd incluse I'll be in touch to negotiate an mutually agreeable end to the tenancy once I've exchanged contacts and have a completion date. Remember that if you cannot agree a surrender (do get it in writing) you need to serve your own one periods notice. Suggest you use the fact that waiting out your own notice will cause even more delays as a negotiating tool. Do not serve notice until you have exchanged contacts on your purchase.

You weren't served the deposit prescribed information, an email from the scheme isn't sufficient. You can therefore sue for 1-3 times deposit, however if they are reasonable about the tenancy end date and deposit return perhaps you may not want the hassle of perusing this?

franklee

RAS wrote: »

Once she sends court papers you need to enter a defence on the grounds of incorrect service of notice. Not before however.

and failure to serve the deposit prescribed information - the S21 isn't valid without that too.

RAS

Craigiemc wrote: »

Thanks for the advice, I'm going to speak to her about the situation but I don't think she'll react very well at all. I'm weary about changing the locks as I'm afraid that'll get us in trouble, or break our agreement? I know she'll probably use everything she can now so I wouldn't want to give her any extra ammunition.

Not really a good idea; you need to write to her becuase you need evidence of what has been communicated to her.

As for changing the locks; even if there is a clause in your contract saying that you cannot change them you can still change them.

There was a long thread here by sartois whose EA went ballistic when they discovered he had changed the key code to prevent them entering when he was out. Shelter explained the rules to the LL who realised that a conviction for illegal eviction might not be a good idea?

Which is better; discovering your LL is peed off because she has not been able to throw you out of the house or coming home to find your belongings in bin liners on the front door step?

G_M

Craigiemc wrote: »

Thanks for the advice, I'm going to speak to her about the situation but I don't think she'll react very well at all.

Then don't speak. Write. A letter. Use the address provided "for the serving of notices". Keep it short, polite and factual. Keep a copy

I'm weary about changing the locks as I'm afraid that'll get us in trouble, or break our agreement? I know she'll probably use everything she can now so I wouldn't want to give her any extra ammunition.

Which would you prefer?
1) to annoy her because she cannot (illegally) enter your home and put all your belongings outside and/or change the lock herself (again, illegally). or

2) keep her happy but find all your belongings outside and/orthe locks changed so you cannot get in?

If there is a clause in your agreement prohibiting you from changing the locks (there may or may not be)

* she would have to go to court and sue for breach of contract damages (financial loss). What loss? None, provided you do not break the lock.
* she would have to go to court and get a court order for you to replace the original lock. This would take her weeks, and cost money and you could defend by claiming she had threatened to come in and illegally evict you.......Courts don't like that.

Craigiemc

All good advice, thank you very much.

I'll draft an email tonight and send it off. I'll get a quote for the locks tomorrow and if I have to I'll go down that route.

I'll update once I hear more. Thank you all again, I really appreciate the help!

G_M

Craigiemc wrote: »

I'll get a quote for the locks tomorrow and if I have to I'll go down that route.

????

You're not thinking of getting a locksmith to do it are you? That will be £50 +.

Depending on type, the lock will cost £5 - £20. You need a screwdriver and 10 minutes spare. Do it yourself!

* unscrew existing lock and remove
* if door has only one lock, leave mate guarding house while you take lock to locksmith/DIY store
* Buy identical matching lock and take home
* insert lock and replace screws

See

https://www.youtube.com/watch?v=VXAo7zSN-9o

http://www.bing.com/videos/search?q=utube+change+mortice+deadlock&docid=608018003269321500&mid=F6F3E70C175B5B6056B7F6F3E70C175B5B6056B7&view=detail&FORM=VIRE3#view=detail&mid=F6F3E70C175B5B6056B7F6F3E70C175B5B6056B7