Served Eviction Notice

JasX

FireWyrm wrote: »

What is absurd about it? .

It is absurd that you are telling the OP they *as tenant* may have a restrictive right to quit their tenancy if the LL didn't proved them with a compliant template agreement.

It also seems absurd not to encourage the tenant to attempt to assert any specified rights as the LL may well accept the notice.

IF we were having a discussion about the LL asserting rights over the tenant this would be a whole different conversation but we are not.

FireWyrm wrote: »

Likewise the tenancy agreement may 'say' that the LL can let himself in and have a look through your sock draw any time he wants...doesnt make it legal or enforceable.

Again a totally irrelevant example as this is a right the LL would exercise over the tenant rather than rights the OP *as tenant* is trying to exercise in order to voluntarily quit the property at an earlier date. I do not see any court favouring the LL over the tenant when the LL has provided an agreement to the tenant and the tenant is acting in accordance with it.

Are you really expecting the LL to appeal/take the tenant to court on grounds they themselves provided a non-compliant agreement to the tenant and now want to place more restrictive provisions on T?

Do you not see the situation is different where it is the tenant trying to quit vs the LL trying to evict?

Depth_Charge

Hi

Really useful information booklets & links here, hopefully the answers you seek are amongst them - take your time and check

http://www.midsussex.gov.uk/7676.htm

Alternatively Shelter might be worth a call / look

http://www.shelter.org.uk/

Best Wishes


DC

Depth_Charge

Hi

Not sure if this one is on the list

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/11445/138295.pdf

DC

Pixie5740

JasX wrote: »

As Pixie5740 seems to have read the signed copy of the OPs tenancy agreement and I have not I must bow to their first hand knowledge of the agreement

These things will always come down to exactly what the signed tenancy agreement says and these things can vary wildly -different leasing agents will have different 'standard' ones. Even the same leasing agent revamps their Ts & Cs from time to time so different arrangements thru the same company can vary if taken out in different years. On top of this individual landlords may well have requested particular terms and when a professional leasing agent isn't involved anything could be in there (particularly if the landlord grabbed a a tenancy template from god knows where on the web).

Some may specify a notice period in days, some may or may not tie this to the date you pay the rent, some may have additional break clauses on either side. It all comes down to what the signed piece of paper says (hence always good to give it a thorough reading before signing and refer back to the original paperwork when unsure of your rights!)

I don't need to see the OP's tenancy agreement. All I need is a basic grasp of tenancy law in England and Wales.

GM, one of the regular posters on the House Buying, Renting and Selling board put this handy guide together.

http://forums.moneysavingexpert.com/showpost.php?p=52421475

Please bow away :beer:

Pixie5740

It's worth noting that a section 21 notice is just notification that the LL is seeking possession of the property back. The tenant doesn't have to leave at the end of the notice period as only the tenant or a court can terminate the tenancy.

At the end of the notice period the LL can apply to court for an eviction notice, that can take weeks or months assuming the section 21 notice is actually valid.

The OP should give a Shelter a ring for some advice as to what their options are and to check the validity of the section 21.

glentoran99

I think some people are missing the point, the OP wants now to leave earlier than the eviction notice states.

If your tenancy agreement says 30 days notice then your rental periods are seperate to that and you would only have to pay rent for the time you are actually there, its all how its stated in your agreement.

longtermplanner

Let's cut through the legalities to what actually matters.

If Sept 21st is on or after the expiry of your fixed term tenancy, then it sounds as though you have probably be given a valid section 21 notice. (If you go to your local CAB they could look at your tenancy agreement and the section 21 notice and say if this is correct, but it is reasonable to assume that it is.)

Your landlord wants you out. You are happy to go. Call him up and say you can go on [whatever date you want] if he agrees to you leaving then and refunding your entire deposit in writing. Otherwise you will have to let this possible tenancy fall through and you don't know if you will be able to leave on Sept 21st. Let your voice trail off sadly.

99 times out of 100 the landlord will grab at the chance to get you out with no fuss.

Pixie5740

It really boils down to what you want. If you want to spin the tenancy out to when the baby is born then you can. If you want to end the tenancy early then you can negotiate that with your LL. You have options don't let this section 21 put a black cloud over your new arrival.

JasX

glentoran99 wrote: »

I think some people are missing the point, the OP wants now to leave earlier than the eviction notice states.

Thank-you!

Maybe if more people actually read what was being asked there'd be less noise appearing in the thread.

There were only a handful of posts here when it went off at a tangent

Pixie5740

JasX wrote: »

Thank-you!

Maybe if more people actually read what was being asked there'd be less noise appearing in the thread.

There were only a handful of posts here when it went off at a tangent

It's important that the OP understands how to end the tenancy and that the LL is under no legal obligation to let them end the tenancy early and pay rent pro-rata.

It only went off tangent because you don't understand how to end a tenancy.