Should I stay or should I go?

AndyKeogh

As an ex letting agent I would say this (unless you are one of my old tenants)

Sit tight tell the landlord you cant move but will as soon as you can. Tell them the date you can be out and then just sit back and wait. Always remember a landlord can only affect your credit if he takes you to court to recover lost rent or damages to the property unless you have done either you have nothing to worry about.

AndyKeogh

Hold the last advice just seen the landlord has offered the deposit back ALARM BELL rings this means its not protected do not accept the deposit back till you move then hold onto the keys till you get it back he cant serve a s21 if he has no gas safe or a registered deposit. if you accept it back you will lose your bargaining power

Anna1965

AndyKeogh wrote: »

Hold the last advice just seen the landlord has offered the deposit back ALARM BELL rings this means its not protected do not accept the deposit back till you move then hold onto the keys till you get it back he cant serve a s21 if he has no gas safe or a registered deposit. if you accept it back you will lose your bargaining power

Jeepers! I'm confused now.

A few days ago I checked the three deposit protection sites and none of them held my details, so I'm assuming he hadn't protected it. In the TA it also states that the deposit is being held, but doesn't say where. The agent acting on their behalf told me, last year, that he had advised the LL to sort a protection scheme out because it hadn't been done prior to him taking over the management of the property. I've been here nearly 5 years.

So, safe to say, he hasn't protected it and is now back tracking and trying to correct his error.

Anna1965

Slithery wrote: »

No. Not in any way.

Thank you Slithery.

AndyKeogh

Exactly what he's looking to do just stay the 3 weeks and get the deposit back prior to moving

Anna1965

Slithery wrote: »

So unless it's an emergency they have no right to enter without agreeing with you first.

The end date of the tenancy isn't yet known as no court order or mutual surrender has taken place. Therefore it is impossible for the agency/LL to state that you are in the last 28 days of your tenancy.

Thanks Slithery, I've asked that all viewings etc., be done at a convenient time and when I'm present.

Pixie5740

AndyKeogh wrote: »

Hold the last advice just seen the landlord has offered the deposit back ALARM BELL rings this means its not protected do not accept the deposit back till you move then hold onto the keys till you get it back he cant serve a s21 if he has no gas safe or a registered deposit. if you accept it back you will lose your bargaining power

How exactly will the OP lose her bargaining power by accepting the deposit back now? I don't think advising the OP to hang on to the keys after the tenancy ends until she gets the deposit back is wise.

Anna1965

I've received a further email this afternoon from the LL. Much of what he states I already know and have had wonderful advice on by you all. I'm also more aware of the legal areas now. Is there anything glaring from what he has said? Again, your time and advice is hugely appreciated.


Please can you send me your bank details so I can send you your bond back. If I don't receive them I will post a cheque by the end of today.

As you still cannot give me a moving date we have been advised to issue you with a section 21 which will give you 8 weeks notice to vacate the property. We will then be looking to take this to court and you will have to pay the costs.

I will require 1 months written notice of when you decide to leave and if you move out earlier than this you will still be liable to pay the rent.

I am very disappointed you are refusing to work with us as we have been fair landlords and have given you notice back in August. As you know the tenancy end date is April 1st.

Our house sale and our families living arrangements have been thrown into disarray by your lack of organisation.

Please seek advice regards the section 21 and I would appreciate a clear moving date asap. So we can assure we don't lose our new home. Also can you make sure the back door is repaired and the cat flap removed before you move out.

Pixie5740

You're lack of organisation? :rotfl::rotfl::rotfl:

Your tenancy does not end 1st April and the Section 21 doesn't give you 8 weeks to leave.

G_M

S21 must give 2 calender months, not 8 weeks (see below). So if the S21 when it comes quotes a date 8 weeks away as its expiry date it willbe invalid and will be thrown out if the LL takes it to court to seek possession.

Keeping the keys as suggested by someone is not a good idea. If you keep the keys, the tenancy willnot have ended, and rent will still be due and further notice need be served.....

For a full list of reasons why the LL might get the S21 wrong, see:

S21 checklist (Is a S21 valid?)



Housing Act 1988
Section 21(notice to gain possession)


Sample: http://www.legislation.gov.uk/uksi/2015/1646/pdfs/uksi_20151646_en.pdf