been served sec21(1)b

jaymidlands

We rent a house been on AST which finish on 31 jan 2015..We was served section 21(1)b on 26nov 2014..We had been talking to agents as we are due to move to a new build we had planned to go rolling monthly until end of march start of april(we would of given notice in The house is up for sale as of 30 nov we had no idea landlord was selling either.
We have let a few viewings only with agent showing people as i dont want to do that.. We also said to agent as soon as sec 21 was sent out we needed to stay till mid march end of april latest to be told thats ok(1st mistake there by us) but today been told agent who said that should never of done so and they still want us out..We have 2 children 4 and 2yrs old and no where to go until march 8th which is our move in date to a new build house agent did say they would go to court to get us out if we have to..
we been there 12 months was on 6 months a time tenancy

Can we now say we no longer want any viewings is there a tempplate we can send the agent..
And whats the worst they can do..
Deposit is with TDS
Do we need to keep paying rent as well..

sorry for questions but ex wife upset..
I will point out i dont live at the house any more as we split up 6 months ago but i pay the rent(I know i might get a ccj which dont bother me much as i really only deal with cash buying.

if anyone needs anythging else let me know..

jd87

I don't think you can prevent viewings. I think at the end of a tenancy there is a special clause in most ASTs which says they only have to give you notice of viewings, they don't need your consent for them.

I'll let other more knowledgable people answer the other things.

Guest101

jaymidlands wrote: »

We rent a house been on AST which finish on 31 jan 2015..We was served section 21(1)b on 26nov 2014..We had been talking to agents as we are due to move to a new build we had planned to go rolling monthly until end of march start of april(we would of given notice in The house is up for sale as of 30 nov we had no idea landlord was selling either.
We have let a few viewings only with agent showing people as i dont want to do that.. We also said to agent as soon as sec 21 was sent out we needed to stay till mid march end of april latest to be told thats ok(1st mistake there by us) but today been told agent who said that should never of done so and they still want us out..We have 2 children 4 and 2yrs old and no where to go until march 8th which is our move in date to a new build house agent did say they would go to court to get us out if we have to..
we been there 12 months was on 6 months a time tenancy

Can we now say we no longer want any viewings is there a tempplate we can send the agent..
And whats the worst they can do..
Deposit is with TDS
Do we need to keep paying rent as well..

sorry for questions but ex wife upset..
I will point out i dont live at the house any more as we split up 6 months ago but i pay the rent(I know i might get a ccj which dont bother me much as i really only deal with cash buying.

if anyone needs anythging else let me know..

Why would u get a Ccj?

If u don't allow viewing they would need to go to court, if the tenancy agreement states viewings should be allowed, to get an injunction.

Which would take 6-8 weeks.

Similarly a s.21 is only notice that they will go to court to get a posession order, again typically 6-8 weeks for a court date

Guest101

jd87 wrote: »

I don't think you can prevent viewings. I think at the end of a tenancy there is a special clause in most ASTs which says they only have to give you notice of viewings, they don't need your consent for them.

I'll let other more knowledgable people answer the other things.

It's a hotly debated topic. Between quiet enjoyment and contractual obligations.

A court decides which take precedent, but certainly an agent cannot force their way into the property.

It should be a reasonable agreement between the tenant and landlord ( or their agent )

agrinnall

It'll take them at least 2 months to get an eviction order so the chances of the house having to be vacant before the end of March are slim, and it can probably be dragged out to the end of April. Keep paying the rent and you should get as much of your deposit back as if you left at the end of January.

Alternatively, can't the wife and kids come to live where you are staying now? Or find a holiday let for a couple of months (you may not get one to the end of April as there are likely to be bookings at Easter).

TheCyclingProgrammer

They could of course go to court to get you evicted. Whether they could do this before the day you plan to move out anyway is another question. It could take that long to get a court date and if you then moved out the whole thing would be pointless.

You have two options really:

1) Leave on the day the notice expires (31st Jan)
2) Stay. Inform the landlord/agent that you will not be moving until 8 March and hope that they decide it is not worth pursuing eviction through the courts. It goes without saying that you must pay rent for February and rent for the 7 days in March (I don't know if this has to be a full month's rent or should be pro-rata'd).

Marktheshark

A compliant s 21 is hard to get right, most mess it up.
Post up the wording and dates from the s21 and your AST dates.
People on here will soon tell you if it complies, if not, they ne4ed a new one and that moves the clock on in your favour.

booksurr

the LL cannot go to court until the S21 has expired. Assuming it is valid (ie correctly dated) to expire after 31 jan then the LL will be able to apply to court for a hearing as oon as possible after that date.
BUT, depending on where you are in the UK there is always a backlog of cases pending at court and it could take the LL 1 - 2 months before he gets a court date. Once he does go to court (assuming the S21 was valid) you will lose as it it an automatic win for the LL. The LL then has to appoint bailiffs to remove you, that will take more time

given it is your ex and her child in residence and she "simply" needs to get from 31 Jan to 8 march her best bet would be to stay put and refuse to leave until she is ready. Even if the LL gets to court, provided she attends herself, the court is likely apply discretion when she explains the timescale and simply delay the award until 8 March

as you say you are paying the bills your ex has nothing to lose. If the LL gets to court you will have to pay the court costs but you will not get a CCJ unless you fail to pay up when asked to do so. Yes it will cost you more money in court costs and yes you must pay the rent if she stays on but it probably the worst case scenario given your stated timescale

if you pay the rent then you will get the deposit back assuming there is no damage. The court costs are a separate matter

as for viewings, you don't need a template, just write a letter refusing to allow them. You may want to change the locks to ensure the agent cannot physically get in but make sure it gets changed back before you leave otherwise that will count against your deposit

TheCyclingProgrammer

jd87 wrote: »

I don't think you can prevent viewings. I think at the end of a tenancy there is a special clause in most ASTs which says they only have to give you notice of viewings, they don't need your consent for them.

There's not much the landlord/agent can do if OP refuses viewings either. They can't just let themselves in.

However, it would seem prudent/sensible for OP to be co-operative with landlord and be as helpful as possible in facilitating viewings in return for the landlord not bothering with court action and letting them stay until 8 March without fuss.

If OP is reasonable with the landlord, they may be reasonable with them about moving out on 8 March.

Even if the landlord gets an offer on their property, they are unlikely to be in a position to exchange by that point anyway.

Guest101

TheCyclingProgrammer wrote: »

They could of course go to court to get you evicted. Whether they could do this before the day you plan to move out anyway is another question. It could take that long to get a court date and if you then moved out the whole thing would be pointless.

You have two options really:

1) Leave on the day the notice expires (31st Jan)
2) Stay. Inform the landlord/agent that you will not be moving until 8 March and hope that they decide it is not worth pursuing eviction through the courts. It goes without saying that you must pay rent for February and rent for the 7 days in March (I don't know if this has to be a full month's rent or should be pro-rata'd).

Rent would need to be paid for the rental period.

So if tenancy began on the 15th, they would pay until the 14th

Given that s.21 expires on 31st, they would need to pay rent until the 30th march

jaymidlands

yes it does say in the ast within last 2 months of tenancy to allow agent at reasonable hours to enter and view with prospective tenants or purchasers having given tenants period of notice..