Section 21 notice after 8 years tenancy

FBaby

2 months is indeed very little notice, but you are also making assumptions about the landlord. Maybe it was an older man who has suddenly died. Maybe one sibling was happy to buy the property from others but then one faced unexpected circumstances and is now insisting the property is sold.

I fully sympathise with your situation but being angry believing the landlord is being purposely difficut is not going to help.

JuneBug78

No it would have been far better if we'd known earlier in the year, believe me. If money was tight to pay the new rent there would have been plenty of options for us and we would have managed. Nothing like the difficulties of finding a new rental at this time.

Landlord is the same landlord as it has always been, no change there. The letting agents mislead us as to his status, very vaguely so there is no come back. I know who he is now though. I wish I had not been so patient about the boiler etc., but our patience and years of paying the rent on the dot has not merited us any consideration whatsoever, apparently.

csgohan4

JuneBug78 wrote: »

No it would have been far better if we'd known earlier in the year, believe me. If money was tight to pay the new rent there would have been plenty of options for us and we would have managed. Nothing like the difficulties of finding a new rental at this time.

Landlord is the same landlord as it has always been, no change there. The letting agents mislead us as to his status, very vaguely so there is no come back. I know who he is now though. I wish I had not been so patient about the boiler etc., but our patience and years of paying the rent on the dot has not merited us any consideration whatsoever, apparently.

Why do people want reward for paying their bills? Your supposed to. I think the vendor selling the flat is a red herring, he doesn't need to give a reason for a section 21, just woke up and felt like kicking you out for all they know.


No one can predict the future, but they know what they want today. As above variety of reasons why vendor could be selling, be it bereavement or wanting to sell off his portfolio, does it really matter?


He has given you notice, time to find somewhere else. Paying your bills does not afford you any entitlement or privilege and nor should it, the LL wouldn't or shouldn't, it's a business.

JuneBug78

I am sorry I don't agree, this is our HOME and I still believe it was very inconsiderate of the landlord not to warn us. Especially when he is fully expecting our cooperation with viewings etc. It goes both ways. Various MPs and the Scottish government obviously agree with me.

I do know he is selling, as it's up on RightMove. They are also the selling agents.

csgohan4

JuneBug78 wrote: »

I am sorry I don't agree, this is our HOME and I still believe it was very inconsiderate of the landlord not to warn us. Especially when he is fully expecting our cooperation with viewings etc. It goes both ways. Various MPs and the Scottish government obviously agree with me.

I do know he is selling, as it's up on RightMove. They are also the selling agents.

Your emotions and anger are not going to change the legal process, the LL is not legally obliged to give you 1 years notice when they wants you out, 2 months would be standard and indeed in most tenancy contracts depending on type, just as you can give notice 1-2 months

Inconsiderate perhaps but you don't know his side of the story either.



G_M's guide on ending a tenancy:
https://forums.moneysavingexpert.com/showpost.php?p=67759913&postcount=4



It also goes both ways, getting a tenant is not always easy either, would you want to stump his void period costs if you wanted to leave and couldn't find a tenant.


You have to remember the LL is running a business, while it's nice to have morality and advanced notice, the basic minimum is what is set out on tenancy law, nothing less and nothing more. The LL has DONE NOTHING wrong in serving notice as he is legally entitled to just as you are.


The fact you can't find somewhere else in that time is not their problem. Why should it be? As mentioned above you can stay beyond the 2 months, he will then start legal proceedings.

xylophone

I'm afraid that fulfilling your part of the contract (paying your rent on time etc) doesn't entitle you to any special consideration any more than would paying your bills on time to any other business.

In accordance with the contract, you must allow viewings - however I see no reason why these should not be at times convenient to you.

I can see how unsettling it must be to be told that you will need to vacate the property that has been home for eight years ( and particularly following difficult family circumstances) but best to start looking now so that you can move into your new home as soon as possible and settle down again?

Have you any prospect of a housing association/local authority property which would give greater security of tenure?

xylophone

He must have known and chose not to tell us so he could keep getting the rent as long as possible.

As a professional landlord he must also know that you don't have to leave after two months.

The landlord presumably had no means of knowing about your family difficulties - you do not know what has made him want to sell - perhaps he too has difficulties which only recently emerged?

GDB2222

JuneBug78 wrote: »

Of course it's very little notice. Yes I know it's legal. But many other people are of the opinion that it's minimal. Our circumstances mean it may take us longer to find somewhere. Even if that weren't the case, it would still be pretty tight on time.

This is why as I understand it the section 21 'no fault' eviction is being reviewed, either within Parliament or the Labour Party. And I understand it cannot be done in Scotland.

The review is a major reason why some Landlords are selling up.

Years ago, before ASTs, it was almost impossible for an average person to rent. It was all company lets and so forth.

I'm showing my age!

GDB2222

JuneBug78 wrote: »

I am sorry I don't agree, this is our HOME and I still believe it was very inconsiderate of the landlord not to warn us. Especially when he is fully expecting our cooperation with viewings etc. It goes both ways. Various MPs and the Scottish government obviously agree with me.

I do know he is selling, as it's up on RightMove. They are also the selling agents.

As to viewings does your tenancy require you to wear clothes at all times?

ThePants999

JuneBug78 wrote: »

However they think we should allow viewings as it's written in our tenancy agreement, so if we don't the agents could give us a section 8 for being in breach of the tenancy. What does anyone think of this?

Surprised you haven't had a proper answer to this yet.

The possible consequences of refusing viewings are:
- You get a section 8, as the council said. But... so what? You've already had a section 21. They do the same thing. The council have just told you "if you don't help the landlord kick you out, the landlord could kick you out". Useful advice, council!
- The landlord can take you to court for breach of contract. However, he has to prove his losses. In other words, if he eventually sells for £200,000 and can prove that someone would definitely have bought it for £205,000 if you had permitted viewings, he could sue you for the £5,000 you cost him. As far as I'm aware, this has never happened, as proving such a thing is basically impossible.
- You get a bad reference. Since you're looking to rent again, this IS one you might want to worry about.

There has been a lot of discussion about "2 months", mixed in with the correct advice that you DON'T have to leave after 2 months. Are you happy you've fully understood the advice about how long you actually have?