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Notice from rental

I've just paid a holding fee for a new build property. The property is finished and have been told by the builder I 'could' be in as fast as 8 weeks.

My issue is that I have been given notice to leave my rental property which is 8 weeks.
I'm not on great terms with my landlord and am worried things won't be sorted in time to move into my new house before my notice period ends.

I doubt he will let me stay any longer but can't really go anywhere else short term. Could I just refuse to leave and hope it doesn't take long? I assume the landlord would have to start eviction proceedings which would take a while anyway (and costly).
«1

Comments

  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    8 weeks or 2 moths notice?

    Are you in England?

    Pay rent monthly?

    Do you share with your landlord?

    Do you have a fixed term tenancy? Or (rolling) periodic?

    Have you been served a "S21 Notice"?

    If yes:
    * date served?
    * date of expiry?
    * did you pay a deposit? Was it registered within 30 days? Did you receive PI within 30 days?
    * Did your tenancy start before or after 1/10/15?

    See also

    * 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?
  • RIPironman
    RIPironman Posts: 42 Forumite
    2 months notice. I pay monthly. I don't share with landlord and its a periodic tenancy.

    Its not an S21 - he just sent me a letter which I got last week. I paid a deposit which is in the DPS scheme. My tenancy started before Oct 2015.

    I'm more than happy to move out when he wants, I'm just worried I can't. I should find out more from the builder tomorrow but I know they can make promises they don't always keep.

    What I need to know is, if I can't move out on that date, what is the best course of action? Or am I going to be forced to put my stuff in storage and kip on someone's floor for a while?
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    RIPironman wrote: »
    2 months notice. I pay monthly. I don't share with landlord and its a periodic tenancy.
    Thanks

    Its not an S21 - he just sent me a letter which I got last week.
    So it has no legal force.
    I paid a deposit which is in the DPS scheme.
    My question was: " did you pay a deposit? Was it registered within 30 days? Did you receive PI within 30 days?"
    My tenancy started before Oct 2015.
    OK so the new rules don't apply. Thanks

    I'm more than happy to move out when he wants, I'm just worried I can't.
    Then discuss/negotiate. Most people are reasonable, if you treat them reasonably.
    I should find out more from the builder tomorrow but I know they can make promises they don't always keep.

    What I need to know is, if I can't move out on that date, what is the best course of action? Or am I going to be forced to put my stuff in storage and kip on someone's floor for a while?
    Even if this was a S21 (which you say it is not), it would not end the tenancy. Only you can end it, or a court.

    So the LL would have to apply to a court to end the tenancy, which takes time (as do bailiffs). However you would probobly end up paying the LL's court costs.

    Have you read thr link?
  • RIPironman
    RIPironman Posts: 42 Forumite
    Yes sorry it was registered within 30 days and received PI.

    I guess all I can do is tell him my predicament (if it happens). I'm sure, at most it would be an extra 2 weeks which I would obviously pay rent for.

    Thank you for your advice!
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    RIPironman wrote: »
    I guess all I can do is tell him my predicament (if it happens).
    Not sure why you say this, on the basis of the information you've been given.
    Its not an S21 - he just sent me a letter which I got last week.
    So it has no legal force.
  • Miss_Samantha
    Miss_Samantha Posts: 1,197 Forumite
    RIPironman wrote: »
    Its not an S21 - he just sent me a letter which I got last week.

    What exactly does it say?
  • RIPironman
    RIPironman Posts: 42 Forumite
    It has his address on, my address on. Reference *address of property*, Dear ******, with reference to the above property and the rental to yourselves, this letter gives two months notice that your tenancy will terminate on *date*. Your sincerely
  • basil92
    basil92 Posts: 12,510 Forumite
    Part of the Furniture Combo Breaker
    G_M wrote: »
    Not sure why you say this, on the basis of the information you've been given.

    Excuse my post OP, but I was wondering (GM/Miss Samantha)..
    Why, the S21 the OP was served, would have no legal force?
    If you want somebody you can trust...trust yourself :cool:

    Chopper98 wrote: »
    Basil - Lovely, a sensitive soul with legs designed for the catwalk
  • RIPironman
    RIPironman Posts: 42 Forumite
    It wasn't a formal S21 notice I was served!
  • Miss_Samantha
    Miss_Samantha Posts: 1,197 Forumite
    RIPironman wrote: »
    It has his address on, my address on. Reference *address of property*, Dear ******, with reference to the above property and the rental to yourselves, this letter gives two months notice that your tenancy will terminate on *date*. Your sincerely

    Well, your tenancy will not 'terminate on' that date but a judge may deem that this still clearly means that possession is required, i.e. that this is a s.21 notice.
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