notice period question

maddermanblue1_2

Hi,

Ignore the horrible posters. I believe you are in the right, I do think its terrible for the landlord letting you sign on for another 12 months tenancy, then selling your home so soon after.

If that happened to me I'd go hell bent making it difficult for the landlord as much as possible, but thats me.
You bent too far for the landlord who treats you like a second class citizen, this seems to be a common occurrence with many landlords.

1 - Change the locks but keep the old ones until the end of tenancy.

2 - Refuse all viewings (you are allowed to do this as you have the right to peace and enjoyment in your own home).

3 - Make it clear to the landlord it is YOUR home until the day you move out.

4 - When they want to inspect the property make it clear that you wish to be present during the inspection under your terms, time and date wise, if you're too busy with work etc dont bend over backwards for them. Make sure that both agents and landlord know that if they enter your home without your permission they are breaking the law.

As they want to sell, doing this the landlord may release you early from the 12 month contract and/or serve you a 2 month notice to vacate.

I hope it goes well for you.

mrginge

Four points of potential actions that can (possibly) be undertaken in accordance with either statute or the OPs contract.

Absolutely fine.

I would wager that the contract does not include a 'no-selling' clause, so again, absolutely fine.

2 months notice IS required by the contract. Therefore giving one month is not ok.

The tenant has protections available to them which they appear to have failed to exercise. That does not give them the right to breach their contract.

dancingfairy

Well you can:
1)stick it out and make life difficult for the landlord
2)try and negotiate a shorter notice period/tenancy surrender
3)give the correct notice and pay accordingly (whether you are in your new property or not)
4) give 2 month notice and only pay 1 or just give one months notice. Obviously if you do this there is a chance that the landlord could take you to court to reclaim the lost rent. It's a gamble.
One would hope that common sense would come into play and you could both agree a mutual surrender though. It does annoy me, landlords signing a tenancy agreement and then trying to sell their property and wanting to keep the tenants until the last possible moment. Grr.
df

Annie1960

zeitsev wrote: »

that is the break clause "the landlord and tennant must both give 2 months notice to end the tennancy"

thats all it says

This may say very little, but it speaks volumes. Spelling mistake in 'tenant' and 'tenancy'. Grammatical error if you have typed it verbatim:

the LL and tenant must both give 2 months' notice to end the tenancy.

The word 'both' is very odd in this context. It would make a lot more sense if it said something like 'either the LL or tenant may give 2 months notice to end the tenancy.

I suspect this contract has been cobbled together by someone incompetent,

In any case, as it is a new AST signed in March, I'm confused as I understood ASTs were for a minimum of 6 months (regardless of what it may say in the agreement).

In addition, the clause about refusing to let you change the locks unless you provide the new keys to the LL in unenforceable. The law gives you a right to peaceful enjoyment of your property, and nobody else should enter your home without your agreement.

i think shes all mouth, shes not the actual stated landlord its her husband, but she is doing all of the talking. maybe i should get in touch with him directly, he might be more understanding.

Sounds like a good idea.

The main problem here is the LL wants to sell the property before it is vacant, and wants to squeeze every last penny from rent to pay the mortgage. This is very dubious, but unfortunately for you not illegal.

The bottom line is that you could refuse to leave and force them to take you to court. This may result in them losing their buyer, who may not want to wait.

In practical terms, have you given Shelter a ring? Perhaps they can help you. In your position I would be aiming to negotiate an early release with the LL, failing to let them have access for the survey or whatever their buyer wants, if they don't agree.

http://england.shelter.org.uk/get_advice/private_renting/ending_a_tenancy/ending_a_fixed_term_agreement

oldbaldman

I doubt that any buyer's solicitor would allow a prospective buyer to exchange, let alone complete although one naturally follows the other, without ensuring that any occupying tenant has moved out. The issue is that if the T has signed to move out they need not necessarily. And this could be awkward for the vendor. The OP has proposed or suggested or hinted at, in my view extreme and unreasonable behaviour, but then apparently so has the LL. So have some contributors here despite the note that the OP is a first time poster, so please be nice to them.

In my view the OP has control, they are in occupancy and could, if they so wished, make it difficult, nigh on impossible, for the LL to sell.
Put aside morals and duty etc.

As for changing locks, do not "change them", but merely change some vital component parts. Change the "barrel in a typical Yale type lock. Or if a typical Chubb type lock change the lever set.

As for contributors that get personal and attack you or anyone else, I would ignore them as you would a freak wave on an distant ocean.

obm

G_M

zeitsev wrote: »

....if the house wasnt being sold and the landlord was reasonable then i would try and lend the money to pay off the rent owed. but letting yorself in, bringing your own air freshner when someone comes to view as if to say the house smells. asking me to make sure my kids arent at home, turning up un announced with viewers, she now wants to come and change my curtains????

i sympathise with this, but these are separate issues to the Notice issue.

There are a number of responses you can make to enforce/protect your quiet enjoyment. You've had suggestions above.

But none of that alters the fact that you signed a legally binding contract specifying 2 months notice.

Annie1960 raises 2 other points:

1) that an AST must be a minimum of 6 months. this is not true. An AST can be for any length the two parties agree: a month, 24 days, 3 months, whatever. However, a landlord cannot serve a S21 Notice which expires earlier than 6 months. That is a different matter. It means the LL cannot start legal possession proceedings till Sept (assuming a S21 were served by July).

2) the 'cobbling'together' of the agreement with poor wording/grammar. That may be true, but I believe the intention of the clause is clear, and a court would sustain it.

zeitsev

Some great responses here so thanks. Alot of the grammar is bad on the contract, a weak argument in the long run though. I have written a letter to my landlord which will hopefully get around his wife. I suspect he only knows half the story. It contains my notice and a seperate letter explaining my situation and suggesting we agree to a one month notice. I have outlined the fact that my council and cab have also told me that if i wanted to i could wait until i am evicted ruining chances of a sale and that i could refuse viewings etc. Hopefully they will see that in the long run this might be the better option for them also.

Its a matter if money to them. Like has been said before they want to squeeze as much money out for the mortgage before it sells so they incurr little costs as possible to themselves ie mortgage payments.

Hopefully we can come to an amicable conclusion. I dont need a reference from them and i didnt pay a deposit. So i dont need anything else from them. But they have quite a few viewings lined up at what most people would consider unreasonable times of day. So i am willing to do anything they like to help them if they are willing to do the same for me.