Notice Served by Landlord (but require extension of stay)

bamgbost

Hi folks

I have a bit of a dilemma

So I am currently renting in the midlands, with my wife& daughter. I have been offered a new job in the south east due to startAug 2015.

Coincidently, last week I was issued with a 2 month noticeto vacate our current rented property. Timing hasn’t worked out too badly,except that it would leave us with the month of July homeless (technically).Now I have explained this to the estate agent, to request an extension of amonth on the notice period, however they say the landlord has declined this requestand wants his property back. (The exact reason for why notice has been servedis unknown btw – I asked, but got no answer. However I do know the landlord hasthe right to at anytime).

Now my question is: What do I do? I have tried to do theright thing, and ask for an extension to cover the period before I need tomove. We are not willing to reduce our notice at work to spend a month joblessbetween jobs either. So if we were to just stay here past the notice period,what is the worst that can really happen?! I would still pay the rent and moveout after a month.

I just think its bad-minded (if a word), to kick out afamily who are happy to leave but require a little extension. We have been herea year and always paid rent, so no real reason to not compromise with us. Iwill probably go back and ask again, but not got my hopes up!

Has anyone ever beenin this scenario before? Or how would you advise dealing with it.

Let me know your thoughts guys!

BitterAndTwisted

Your landlord cannot officially agree to extend your stay in the property as that would void their Section 21 Notice and then they would need to re-serve it giving you yet another two month's notice.

What I suggest you do is WRITE directly to the landlord. Explain that you are willing to leave the property but you are unable to vacate in precisely two month's time for the reason you have mentioned.

If you don't leave the property in July the landlord would then need to apply to the court for possession. Courts are busy and it's not guaranteed that they could get a court-date immediately, or even inside a month, maybe two. Consequently you and your family could be on your merry way by the time that happens.

bamgbost

Thanks Bitter&Twisted

In response to your points - He should be able to agree and just reissue another section 21 notice in May, shouldnt he?

Can I write directly to him, after I have already started the communications directly with the Estate Agent.

third point - exactly my thoughts .Truth be told I have been honest and I have another job I am going to. So If I stay here, pay the rent. It doesn't really sound like theres much that him or estate agent can do really. Just makes me feel guilty, that's all!

jjlandlord

If you explain then your landlord may delay starting court proceedings.
Of course, since nothing guarantees that you will in fact leave he might not want to do that.

Even if he starts court proceedings there is no chance of the order being granted and executed within a month, so you are 'safe' although that would cost you in legal fees (£280 plus legal cost).

bamgbost

Legal fees??
why would I have to bear the cost?

jjlandlord

bamgbost wrote: »

Legal fees??
why would I have to bear the cost?

If your landlord starts court proceedings he will request that the court award him cost (why wouldn't he?), which the court will most likely do.
"most likely" means it basically will...

Costs are the application fee of £280 plus legal fees that are limited to about £100 (if he uses a solicitor and you don't file a defence).

mark55man

bamgbost wrote: »

Legal fees??
why would I have to bear the cost?

Because you are the one causing the delay

could you not find something temporary - a hassle but otherwise you may be causing unknown complications for the landlord

maybe his mum or best friend need to stay or he has another tenant who must start as indicated

ManuelG

bamgbost wrote: »

Legal fees??
why would I have to bear the cost?

Because he wouldn't be starting legal action if you weren't staying beyond the period of notice.

bamgbost

Ok. Fair enough.
I just dnt think it shud gt to that point.

Mark...im not from here. Im originally a cockney, so no family or support to depend on here. If it was just me I cud crash with mates. But its a wife and kid too. Hence why I reckon I have to just stick it out a month.
Like I said before its not a normal thing I would do, but feel I aint got much choice. I still gotta work.

mark55man

ultimately you do - but that's why he might be !!!!!! at you - no doubt he could be really difficult if he tried with your deposit etc

the trouble is also from the landlords perspective they cant do anything to reset their legal rights - because however much you know you are OK and just need a month they are worried you could turn out to be a nightmare. so for them its just business and I can blame them a bit, but I also blame all the people who play the system and make everyone defensive

one friend got a tent for a month (it will be summer) saved £500 and cost £200 ut that was without a kid

G_M

The agent is just,.... well,.... the 'agent' acting on bealf of the landlord. The landlord, on the other hand, is .... your landlord. That's who owns the property, gets the rent (albeit he pays someone to collect it for him), and makes the decisions.

So yes, speak the LL.

Much of course depends why he served the S21. If he wants to sell shortly, a month extra may not make a big difference - he'll still be getting your rent.

If his long-lost cousin is coming over from South Africa to live/work, he may need the property on their scheduled arrival date.

He's unlikely to want to invalidate the S21 by contradicting it (ie formally agreeing to let you stay), but it is up to him when/whether to apply to court after the 2 months is up. If his timeframe is flexible, and he trusts you are really leaving, he can simply postpone the court application by another month.

The agent will never tell you this (for fear it might invalidate their client's S21 - VERY unprofessional!). The LL might well indicate his willingness though (but not in writing he won't).