PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
We're aware that some users are experiencing technical issues which the team are working to resolve. See the Community Noticeboard for more info. Thank you for your patience.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

What should I do?

Options
I'm currently renting. Our landlord gave us 3 months notice in March as he was selling the property becuase he was getting a divorce. Due to Covid this eviction has been delayed by the government, as we have nowhere else to go. 

We have agreed with the council that we can declare as homeless now and are doing so on the 14th August and they will help us out. I have given my landlord a move out date of 14th August. I have asked him for the remainder of the months rent to be paid back, which he is refusing because he is furloughed and has 2 mortgages to pay. He says we have top pay until the end of the month. We had the deposit back a few months ago.
Do I suck it up, pay full months rent, or pay to the 24th (original move out date), pay to the 14th, or stay there, let him take me to court and drag this out for 6 months.


Comments

  • Pay the pro-rata amount to 14th August.
  • Slithery
    Slithery Posts: 6,046 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Photogenic
    When did you give your notice to the LL?
  • Slithery said:
    When did you give your notice to the LL?
    He gave us a S21 in March
  • Slithery
    Slithery Posts: 6,046 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Photogenic
    That's not what I asked.
  • Slithery said:
    That's not what I asked.
    We don't need to give notice, we have to move out on the 24th August, in accordance with government guidelines,. Why would I give a months notice, when I've already had a section 21 giving me 3 months notice.
  • tom9980
    tom9980 Posts: 1,990 Forumite
    Part of the Furniture 1,000 Posts Name Dropper I've helped Parliament
    Slithery said:
    That's not what I asked.
    We don't need to give notice, we have to move out on the 24th August, in accordance with government guidelines,. Why would I give a months notice, when I've already had a section 21 giving me 3 months notice.
    That is not how it works you have to give notice in line with your rental periods of at least 1 month or leave by the date of the s21. You have no automatic right to pay pro-rata without the Landlords agreement.
    When using the housing forum please use the sticky threads for valuable information.
  • tom9980 said:
    Slithery said:
    That's not what I asked.
    We don't need to give notice, we have to move out on the 24th August, in accordance with government guidelines,. Why would I give a months notice, when I've already had a section 21 giving me 3 months notice.
    That is not how it works you have to give notice in line with your rental periods of at least 1 month or leave by the date of the s21. You have no automatic right to pay pro-rata without the Landlords agreement.
    Date of the S21 is 24rd August, so I should pay up to then. Not to the end of the month. 

  • greatcrested
    greatcrested Posts: 5,925 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 29 July 2020 at 3:09PM
    You appear to misunderstand what a S21 Notice is, and how tenancies work.
    The S21 does not end the tenancy. Indeed, a landlord cannot end a tenancy. Only a court can do that. Has the LL been to court and obtained a possession order? From what you say, it seems not. Therefore the tenancy continues.
    The only other way for a tenancy to end is for the tenant to serve notice- hence Slithery's question above.
    * On what exact date did you "given my landlord a move out date of 14th August."?
    * and what are the exact dates of your periodic tenancy?
    * I assume it is periodic - not a fixed term?
    * Or, if you offered the LL an 'Early Surrender' which he agreed to, what were the terms? By the sound of it, his agreement (if any) was based on you paying the full period's rent.


  • greatcrested
    greatcrested Posts: 5,925 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 29 July 2020 at 3:36PM
    You appear to misunderstand what a S21 Notice is, and how tenancies work.
    The S21 does not end the tenancy. Indeed, a landlord cannot end a tenancy. Only a court can do that. Has the LL been to court and obtained a possession order? From what you say, it seems not. Therefore the tenancy continues.
    The only other way for a tenancy to end is for the tenant to serve notice- hence Slithery's question above.
    * On what exact date did you "given my landlord a move out date of 14th August."?
    * and what are the exact dates of your periodic tenancy?
    * I assume it is periodic - not a fixed term?
    * Or, if you offered the LL an 'Early Surrender' which he agreed to, what were the terms? By the sound of it, his agreement (if any) was based on you paying the full period's rent.


    Apologies. The above was the situation up till 2015.
    However S40 of the Deregulation Act 2015  says:
    40Repayment of rent where tenancy ends before end of a period

    After section 21B of the Housing Act 1988 insert—
    “21CRepayment of rent where tenancy ends before end of a period

    (1)A tenant under an assured shorthold tenancy of a dwelling-house in England is entitled to a repayment of rent from the landlord where—

    (a)as a result of the service of a notice under section 21 the tenancy is brought to an end before the end of a period of the tenancy,

    (b)the tenant has paid rent in advance for that period, and

    (c)the tenant was not in occupation of the dwelling-house for one or more whole days of that period.

    (2)The amount of repayment to which a tenant is entitled under subsection (1) is to be calculated in accordance with the following formula—
    * R x D/P
    where—

        R is the rent paid for the final period;

        D is the number of whole days of the final period for which the tenant was not in occupation of the dwelling-house; and

        P is the number of whole days in that period.

    (3)If the repayment of rent described in subsections (1) and (2) has not been made when the court makes an order for possession under section 21, the court must order the landlord to repay the amount of rent to which the tenant is entitled.


Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351K Banking & Borrowing
  • 253.1K Reduce Debt & Boost Income
  • 453.6K Spending & Discounts
  • 244K Work, Benefits & Business
  • 598.9K Mortgages, Homes & Bills
  • 176.9K Life & Family
  • 257.3K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.