been served sec21(1)b

TheCyclingProgrammer

jaymidlands wrote: »

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

Then your rental period probably runs from the last day of the month to the penultimate day of the following month, rather than the 1st to the last day of a month.

jaymidlands

LL told agent he wants vacant house end of jan 2015..
he does not want to negotiate in any way we tried that today already..

Marktheshark

What date did you sign tenancy, is the s21 pre dating the expiry of the tenancy by a day ?

Guest101

jaymidlands wrote: »

LL told agent he wants vacant house end of jan 2015..
he does not want to negotiate in any way we tried that today already..

Well that's unfortunate for him

jaymidlands

we signed new tenancy on 3 june 2014 for 6 months from 31july 2014 to 30 jan 2015..
our original ran out on 30 july 2014
We moved in originally on 30 jan 2014

Marktheshark

Have you removed the signature from the S21 or have they forgot to sign it ?
It should have a saving clause as well as you are on extended six months.

theartfullodger

jaymidlands wrote: »

LL told agent he wants vacant house end of jan 2015..
he does not want to negotiate in any way we tried that today already..

A section 21, even if valid (many - many! - are not..) does not end a tenancy nor require a tenant to leave: It merely permits the landlord, on expiry, to start court possession proceedings (probably a couple of months more..)

If landlord is in a hurry to sell & you dig your heels in & make it plain you will not be moving without court bailiffs or an inducement plus good reference, he might make you an offer worth a few quid. On the other hand he might just let you sweat it out & evict you, with an honest reference explaining you didn;t leave when you didn't have to when s21 expired..

He is simply using his legal entitlement to evict via s21: You would simply be using your legal entitlement by declining to leave before bailiffs arrive: That's fair eh??

Cheers all!

Cheers!

jaymidlands

Marktheshark wrote: »

Have you removed the signature from the S21 or have they forgot to sign it ?

no i just noticed that they havent signed it..
only bit that has a signature is the coveringletter..
I will post that up in a second

TheCyclingProgrammer

jaymidlands wrote: »

we signed new tenancy on 3 june 2014 for 6 months from 31july 2014 to 30 jan 2015..
our original ran out on 30 july 2014
We moved in originally on 30 jan 2014

Make your mind up, you said you moved in on 31st Jan before.

Either way, its a moot point if your family intends to stay in the property until 8 March - they will be liable to pay rent for a further two months.

If they have nowhere else to, then I think they should just stay put. But do tell the landlord that you will be out on 8 March. When the landlord weighs up their options, they might realise its not worth pursuing so long as you are out by then. Or they may commence proceedings anyway, you never know.

You said the agent originally said it was OK for you to stay until 8 March - do you have that in writing?

Marktheshark

If you have a contract to the 31st, the s21 needs to instruct you they require possession on or after the 31st not a day before.
Check you signed on the 31st and your expiry of tenancy is the 31st.