been served sec21(1)b

jjlandlord

Guest101 wrote: »

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's not one versus the other or which takes precedent.
Quiet enjoyment is not absolute and contract may give the landlord right of access. This is established in law.

OP should first check the tenancy agreement to see if there are any clause re. viewings.
If there is one and the tenant breaches he could be pursued for any loss, which may be difficult to prove.

Guest101 wrote: »

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

The notice has no bearing on rent payments.

jaymidlands

agrinnall wrote: »

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).

I live in a caravan was my choice we did try to mke things work but so as not to appear unreasonable to family or friends I said i will move into caravan on a site and she can have the house until new one which i managed to get for her and kids I wont see them on the street..we still talk and i have kids often as possible..
I live as well 20 miles away and she didnt want upset of kids really twice in a short time..
ok sounds best to keep paying rent as shows court if it gets there and hopefully LL will get a bit extra I know it takes roughly 2 months for accepting a offer to exchange.. house is in redditch south of birmingham.. I will post up sec 21 shortly i am just going to blank full address..

jaymidlands

Guest101

jaymidlands wrote: »

I live in a caravan was my choice we did try to mke things work but so as not to appear unreasonable to family or friends I said i will move into caravan on a site and she can have the house until new one which i managed to get for her and kids I wont see them on the street..we still talk and i have kids often as possible..
I live as well 20 miles away and she didnt want upset of kids really twice in a short time..
ok sounds best to keep paying rent as shows court if it gets there and hopefully LL will get a bit extra I know it takes roughly 2 months for accepting a offer to exchange.. house is in redditch south of birmingham.. I will post up sec 21 shortly i am just going to blank full address..

2 months to exchange????

It's possible, but not typical. Closer to 4-6 months.

Could be a long chain before u. Lots of surveys etc

Guest101

jaymidlands wrote: »

Looks legit ( looking on phone..)

TheCyclingProgrammer

Guest101 wrote: »

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

Thanks. That said, even if they get nowhere, they may be able to negotiate with the landlord on the last months rent.

It might also be cheaper for them to move in with family for a week at the end of February and stick their stuff into storage for a week, rather than pay an entire month's rent for only 7 days, if this is possible.

TheCyclingProgrammer

jjlandlord wrote: »

The notice has no bearing on rent payments.

I'm guessing Guest101 was simply using the expiration date of the s21 notice as a best guess at OP's tenancy period. OP said their AST expired on 31st Jan so would be reasonable to assume the rental period is in line with calendar months.

jaymidlands

yes we moved in on 31 jan 2014 expecting to be there for some time..deposit was registered on 5 feb 2014..

Guest101

TheCyclingProgrammer wrote: »

I'm guessing Guest101 was simply using the expiration date of the s21 notice as a best guess at OP's tenancy period. OP said their AST expired on 31st Jan so would be reasonable to assume the rental period is in line with calendar months.

Yes this.

JJ I did explain earlier that it was rental period. It's a pretty good assumption if fixed term expires on 31st that the rental period is end of the month

Tho s.21 says after the 30th, which could mean that it's actually 29th would be the last day in the rental period )

Guest101

jaymidlands wrote: »

yes we moved in on 31 jan 2014 expecting to be there for some time..deposit was registered on 5 feb 2014..

I think u are basically over worrying.

The LL will get posession back, and could be issuing a s21 with the house sale in mind.

Have u asked the LL direct?- I'm guessing not, but my question should give you an idea