Giving notice on a S21

polkadot

We started our lease 3 June 2012 with an owner represented by an estate agent.

A few weeks ago the owner arrived with another man and told us he had sold the house and this was the new owner. The new owner told us that market rents in our street are higher than we are paying so he wants to put it up in line with this.

We told him we couldnt afford this and nor would we pay it because of various problems in the house.

As they left, the old owner said he would instruct the EA to issue a S21. A few days later we got said S21. It has the old owners name on it and expires 2 June 2015 (i think this is correct). The only potential error is the spelling of my husbands name.

We have been offered a council house with a lease starting next monday (27 April 2015). As its council, we have to accept this date or lose the house. And then who knows when another comes up? So we've accepted it.

We've never had council before so didnt realise that we have to put down flooring of some sort and provide our own cooker (paint can wait), so our already tight budget has become tighter.

So now we need to give notice. All we have for the new owner is a mobile number and a first name. I don't think he is experienced as he knocked on our door a few days after our first meeting at about 22:00 to ask if we'd reconsidered the rent increase and might consider staying. We told him that we really couldnt do it and would leave in line with the S21 as soon as we found something. He asked for it in writing and we refused, saying that we didnt have anything (we didnt at the time).

He didnt seem to know what a S21 is and seemed rather annoyed as he left that we refused to offer him anything in writing at the time.

So how do we give notice and when should our notice end? We're anticipating an overlap and having to pay rent on two places...but will we have to do two months rent given our dates?

I hope Ive included all relevant info-I tend to waffle a bit so Ive tried to limit myself to bullet points.

agrinnall

Well, June 2nd is 6 weeks away so that's the maximum amount of rent you'll need to pay on the current place (and you may have already paid the current month, so it's likely to only be one more month to pay). Yes, you'll need to pay two lots of rent for the period between April 27th and June 2nd unless you can persuade your LL to let you leave any earlier - being accommodating with viewings might help him get a new tenant in quickly.

G_M

You do not state if you have a fixed term tenancy (perhaps till 2nd June?) in which case you can simply leave on that date without notice.

If not, and your tenancy is now periodic (eg monthly), You can

1) discuss a mutually agreeable date (any date) with your current LL (the old one - the new one is not yet 'official'). Get any agreed date confirmed in writing, as well as agreement that rent will be paid pro rata till that date.

2) serve your own notice. Do this to the address provided in writing to you for the old landlord since you have not yet received official (Landlord & Tenant Act 1985 section 3) notice of the new LL's details.

You must serve notice on/before 3rd May to end the tenancy on 2nd June ( a full tenancy period.)

See
* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

ps- did you receive the S21 Notice on/before 3rd April (2 calender months to 2nd June)?

polkadot

Thank you. Sorry G_M I did not say. It went to periodic after the first 12 months, so DH says once we have keys in hand (Monday) he will serve notice to the EA (That is the official address). Am I correct to think he needs proof of postage, so cant hand deliver it as their offices are on his way to work?

G_M

'Serve notice'.

* by hand. Ideally to avoid dispute ("we never received it") either get a signed/dated receipt or take a witness
* by post - 1st class 2 postal days in advance from a post office, with "proof of posting"