Confusion of rental leaving date

Lulu0110

We rented a house and the landlord put the house up for sale. Despite there being nothing to allow the endless people visiting in the contract we put up with it, albeit unwillingly. The contract states" Either party to serve notice on the rental date." which is the 26th and I spoke to the Letting agent who explained that whatever date they gave notice it would not count until the rollover of the rental date, so if they gave notice on 1st Nov we would not have to move until 26th Jan. We have yesterday been given notice to leave by 7th Jan so I spoke to the estate agent who said their verbal explanation was a "misunderstanding" She quoted a change of legislation from a ARLA sheet about changes in legislation but cannot answer why the contract does not reflect changes in legislation. I feel misinformed and next Tuesday have an appointment with a neurologist to see if I have MS so feel i've got enough on. Basically, why can't I move on 26th as per my signed contract or will I have to go on the 7th. Thank you

Comms69

Lulu0110 wrote: »

We rented a house and the landlord put the house up for sale. Despite there being nothing to allow the endless people visiting in the contract we put up with it, albeit unwillingly. - should've said no The contract states" Either party to serve notice on the rental date." - im not sure how enforceable that would be. Serving notice 'on' a specific date, as opposed to be 'effective from' a specific date which is the 26th and I spoke to the Letting agent who explained that whatever date they gave notice it would not count until the rollover of the rental date, so if they gave notice on 1st Nov we would not have to move until 26th Jan. - I get what they're saying. It's wrong (they must give atleast two month notice; and it's NOT a notice to leave) We have yesterday been given notice to leave by 7th Jan so I spoke to the estate agent who said their verbal explanation was a "misunderstanding" She quoted a change of legislation from a ARLA sheet about changes in legislation but cannot answer why the contract does not reflect changes in legislation. - irrelevant. They're both right and wrong. A s.21 notice does not require service in line with rental periods; but neither does it require you to leave I feel misinformed and next Tuesday have an appointment with a neurologist to see if I have MS so feel i've got enough on. Basically, why can't I move on 26th as per my signed contract or will I have to go on the 7th. Thank you

I suggest you don't communicate with them further. In all likelihood the sale is scheduled to go through around the 7th Jan, and when you don't leave - the LL will have no choice but to pay you to leave.

Flossied

I understand your point but does it really matter in the grand scheme of things which date you leave? Why be awkward and force the landlord to pay to get a tenant out! If he’s given 2 months notice to leave then what’s the difference an extra 2 weeks would make to you? I’m assuming that you’d start to look for new rentals straight away and having a potential moving in date sooner rather than later would probably make things easier for you, as not many landlords would want to hold on to a house an extra couple of weeks! As it sounds, you’ve been very reasonable to your landlord so you’d stand more chance of getting your deposit back and a good reference!

G_M

You do not say so I shall assume

1) you are in Eng/Wales
2) you do not have a fixed term tenancy and so
3) your tenancy is periodic (rolling), probably a Contractual Periodic tenancy since you partially quote a clause relating to notice
4) your tenancy periods are monthly, running from 25th to 26th of each month

* please confirm or correct the above
* please quote the notice clause fully and precisely

However, assuming the above, if notice was (properly?) served on you with a (valid?) S21 Notice on 7th November, then it should expire either 2 calender months later on 6th January or 2 tenancy periods later on 26th Jan (depending on precise wording of the clause)


Note that when the S21 expires the tenancy does not end and you still do not have to leave untill a court orders you to.


If you want more precise and reliable advice you will need to provide more precise and accurate information.

Also read:
* 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?

D_M_E

I would also suggest you change the locks if you haven't already - if the property has been sold and completion is scheduled for 7th Jan then the agent is likely - given their lack of knowledge and attitude - to hand over the keys to the buyer and the purchaser could turn up and claim that anything left was included in the purchase, and there is nothing to stop purchaser from changing locks on day one.

Comms69

Flossied wrote: »

I understand your point but does it really matter in the grand scheme of things which date you leave? Why be awkward and force the landlord to pay to get a tenant out! If he’s given 2 months notice to leave then what’s the difference an extra 2 weeks would make to you? - he hasn't given two months notice to leave. a LL cannot end a tenancy. I’m assuming that you’d start to look for new rentals straight away and having a potential moving in date sooner rather than later would probably make things easier for you, as not many landlords would want to hold on to a house an extra couple of weeks! As it sounds, you’ve been very reasonable to your landlord so you’d stand more chance of getting your deposit back - where's the correlation?... and a good reference!

I suspect that if the LL is willing to pay, they'll provide a glowing reference...

Comms69

D_M_E wrote: »

I would also suggest you change the locks if you haven't already - if the property has been sold and completion is scheduled for 7th Jan then the agent is likely - given their lack of knowledge and attitude - to hand over the keys to the buyer and the purchaser could turn up and claim that anything left was included in the purchase, and there is nothing to stop purchaser from changing locks on day one.

Except the criminal offence of illegal eviction?

Lulu0110

G M you are correct in all those assumptions.Thank you so much for all the replies. We moved into rented as we are building a house so the extra 19 days will really help. My point I suppose is what is the point of signing this contract which clearly states that notice coincides with rental date and then pointing to a change in the law to insist I leave by the 7th. I haven't looked at rentals yet as I don't think I could get a rental for one month and as I have been dealing with paralysis issues and other symptoms I could use the extra time. As it is I think a caravan on site is the only option so 19 January days would be worth having.This is the clause in full.
Type of Tenancy
This agreement is intended to create an Assured Shorthold Tenancy as
defined by section 19A of the Housing Act 1988 (as amended) and shall take
effect subject to the provisions for the recovery of possession set out in section
21 of that Act. Under the Assured Shorthold Tenancy, after the fixed term has
expired, the Landlord is required to give two months notice to his Tenant. The
Tenant is required to give one months notice to his Landlord/Agent. Either
party to serve notice on the rental date.

Despite any change in law this contract does not reflect this as far as I understand it. Surely the letting agent should change the contract to reflect the law in their own industry. I am not an expert in anything so I have gone along with what the contract I signed says.

I have been a good tenant and would tidy the house as if it were my own each visit. The irony is if I had stuck to the contract they would not have been able to market the house until August which would have delayed the whole process. No good deed goes unpunished.

Comms69

The law overrides contracts anyway.


BUT you are missing the point, you can legally remain for an extra 3-4 months if you so wished.

Lulu0110

Wait, legally remain how?

Comms69

Lulu0110 wrote: »

Wait, legally remain how?

literally by not moving.


A s.21 notice doesn't end a tenancy.


It's just notice that the LL might go to court.


You can stay there and wait / negotiate a later date


(a landlord CANNOT, unilaterally, end a tenancy; ever)