What Happens If I Dont Leave Rented Property On End Date

mystic_bertie

Hi Guys

Im renting in Cheshire in England. A few months ago i was given a 2 month notice to end the tenancy and leave. The landlord is a fussy old so and so, he did ask me to look after his garden very well, i agreed verbally to him, this is not in the tenancy though , i did let the garden go downhill due to my mental health, its a mature garden and in the summer it becomes overgrown beyond belief with plants and bushes sprouting out of everywhere, this was not apparent when i took out the tenancy, the landlord lives just around the corner and he keeps in touch with my elderly nosy spying neighbours too, he is a bit paranoid about this garden letting the area down, i had to go to speak to him personally to find out that this was the reason why i was being asked to leave.

I was in a difficult situation at the time and he agreed to extend my stay by a further 2 months.

My situation is now worse, i now have less than 3 weeks in this house. I just broke up with my girlfriend and im emotionally devastated, i have depression and bad anxiety and the break up is making me really bad. My workplace has been letting people go so i have no job security where i am, im reluctant to get another 6 month term. So in 18 days i need to find somewhere to stay, i know the landlord wont want me staying here so im reluctant to ask for another extension. Right now i could do with another 2 months and then assess my job situation and have a better idea where to move to.

So would my next step to be asking the letting agent for an extension? If they say no (i think they will) what are my options? I have no issues with paying the rent etc its just right now is a very bad time for me to move.

Thanks all

sammyjammy

Have you actually been issued with a statutory notice to leave a form S21?

theartfullodger

A landlord's notice even if valid (many are not) does not end the tenancy nor compel the tenant to leave. It merely permits landlord to start court process when it expires. See what he does.

You have the absolute legal right to remain until court order expires and bailiffs arrive, probably another 4-5 months from now, Call Shelter 0808 800 4444 for advice (open weekends) or go see citizens advice


Hope things get better, good luck!



Artful: Landlord

jimbog

theartfullodger wrote: »

You have the absolute legal right to remain until court order expires and bailiffs arrive, probably another 4-5 months from now

Be aware that this option will in itself be stressful

Davy_Jones_II

You can expect to lose some of your deposit if the garden is not in the same condition when you leave as when you arrived, so irrespective of when you plan to vacate, it’s worth getting on with it now.

Claiming that you didn’t realise that plants grow vigorously in the summer isn’t going to excuse you from your obligations as a tenant.

[Deleted User]

I wonder if it would be worth going on a facebook local site and asking for help with the garden.

But as the other post said, the LL can't just evict you, he has to serve a S21, wait for the two months to elapse, then get a possession order, then get a bailiffs warrant. This could easily take another two months.

But the best thing to do is remove the need for notice and sort the garden. If worse comes to worse, you could ask the LL for advice, explaining what has happened but do the physical work yourself. It could actually help you feel better, gardening work is quite calming. Reduce it to one area at a time so you don't get overwhelmed.

G_M

mystic_bertie wrote: »

Hi Guys

Im renting in Cheshire in England. A few months ago i was given a 2 month notice to end the tenancy and leave.
Did you receive a S21 Notice / Form 6a?
Or was it just a letter, email or whatever from the landlord?

The landlord is a fussy old so and so, he did ask me to look after his garden very well, i agreed verbally to him, this is not in the tenancy though , i did let the garden go downhill due to my mental health,
There is no requirement for garden maintenance to be specified in the tenancy agreement.
There is an implied obligation that everything in the property, inside and out, will be looked after, and returned to the landlord at the end in the same condition it was in at the start, less wear and tear.
Your mental health does not alter your legal obligations as a tenant.

its a mature garden and in the summer it becomes overgrown beyond belief with plants and bushes sprouting out of everywhere, this was not apparent when i took out the tenancy,
Of course it was. Gardens grow. If you take on a garden you need to either maintain it yourself or pay a gardener.

the landlord lives just around the corner and he keeps in touch with my elderly nosy spying neighbours too, he is a bit paranoid about this garden letting the area down, i had to go to speak to him personally to find out that this was the reason why i was being asked to leave.
Assuming he served you a S21/Form 6a, he does not need a reason.

I was in a difficult situation at the time and he agreed to extend my stay by a further 2 months.
That seems very understanding of him.
My situation is now worse, i now have less than 3 weeks in this house. I just broke up with my girlfriend and im emotionally devastated, i have depression and bad anxiety and the break up is making me really bad. My workplace has been letting people go so i have no job security where i am, im reluctant to get another 6 month term.
This is unfortunate, but you have had 2 months + 2 months to plan ahead...
Again, this asumes he has served the correct paperwork

So in 18 days i need to find somewhere to stay, i know the landlord wont want me staying here so im reluctant to ask for another extension. Right now i could do with another 2 months and then assess my job situation and have a better idea where to move to.
Then either ask for another 2 months, or simply stay - see the link below.

So would my next step to be asking the letting agent for an extension? If they say no (i think they will) what are my options? I have no issues with paying the rent etc its just right now is a very bad time for me to move.
Ask either the agent or the landlord.

Thanks all

See

* 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?

mystic_bertie

Many thanks for all the replies guys, regarding the garden issues, the fussy landlord did not even trust a Gardner to do the work, so a couple of months ago i was given a 2 month extension and the landlord and his wife tended to the garden themselves, i offered to pay for a gardener but they dont trust anyone and so they did the work themselves.

mystic_bertie

sammyjammy wrote: »

Have you actually been issued with a statutory notice to leave a form S21?

I was given an official 2 month notice by the letting agent, i cant be certain its an s21 but i assume t is.

theartfullodger wrote: »

A landlord's notice even if valid (many are not) does not end the tenancy nor compel the tenant to leave. It merely permits landlord to start court process when it expires. See what he does.

You have the absolute legal right to remain until court order expires and bailiffs arrive, probably another 4-5 months from now, Call Shelter 0808 800 4444 for advice (open weekends) or go see citizens advice

Hope things get better, good luck!

Artful: Landlord

Many thanks for your advice ill give shelter a call, cheers

jimbog wrote: »

Be aware that this option will in itself be stressful

Ok thanks for the advice. All i want is a few more months. Lets hope its possible

mystic_bertie

Davy_Jones_II wrote: »

You can expect to lose some of your deposit if the garden is not in the same condition when you leave as when you arrived, so irrespective of when you plan to vacate, it’s worth getting on with it now.

Claiming that you didn’t realise that plants grow vigorously in the summer isn’t going to excuse you from your obligations as a tenant.

Regarding the garden situation please see my other post for more info.

deannatrois wrote: »

I wonder if it would be worth going on a facebook local site and asking for help with the garden.

But as the other post said, the LL can't just evict you, he has to serve a S21, wait for the two months to elapse, then get a possession order, then get a bailiffs warrant. This could easily take another two months.

But the best thing to do is remove the need for notice and sort the garden. If worse comes to worse, you could ask the LL for advice, explaining what has happened but do the physical work yourself. It could actually help you feel better, gardening work is quite calming. Reduce it to one area at a time so you don't get overwhelmed.

Hi regarding the garden situation please see my other post for a better explanation. I was given an official letter from the letting agent giving me my 2 months notice.

G_M wrote: »

See

* 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?

mystic_bertie

I wrote a detailed heartfelt email to the letting agent, i also spoke to her personally, i pleaded with her to read my email and my problems and then see if the landlord will give me more time. I dont think it will happen but i had to start there. I would rather be granted official right to live here rather than do it illegally.