Quick Question regarding S21 notice served - INVALID NOTICE?? help much appreciated!

bertie1979

thanks alot, as said, just wanted to make sure i didn't make myself look a fool, quoting the 4 month rule, if it didn't apply in my case (wasn't sure if selling the house was an issue).

bertie1979

right coming back to this, I had the section 21 reissued correctly and due to be out now end of May.
the new buyers had asked me to renew the tenancy, i agreed to this last week, they've now sent a text to say they in fact want to move in over the summer (this is a 2nd home for them) and "sorry for messing me around".
due to my location, there really isn't any decent rental properties available especially to find something in the next 7 weeks.
So obviously I can now make them go for a repossession order, what's the process with all this?
My contract is with the previous owners, I've had very little contact from the letting agent (only last week, he informed me a new contract will be coming to me).
So how do i prolong this as long as possible, whilst i try and find somewhere else to rent?
I will continue to pay the rent to the letting agent, I have no interest in not paying, just don't like how these guys have now messed me around.
Was the "non-evictions" (sorry not sure on the law) extended? a little bit worried on this now.

moneysavinghero

You have had a year to find something. You will need to look harder or lower your expectations.

Did you inform the LL that they had not given you enough notice? You should have just waited for it to go to court (they might have just about got a court date by now at which they would be told the S21 was invalid so you would of had another 6months + from now).

Even at the end of May your tenancy does not end. They will have to apply to the courts and this will take many months due to the backlog. So you probably have until the end of the year to step up your looking game and find somewhere.

bertie1979

I was told in January by the prospective new owners they wanted me to remain in the property, so i stopped looking (this was confirmed again last week by them and the letting agents).
literally 30 mins ago, i received a text saying they've now changed their mind and want to take possession on my end date and spend the summer in cornwall....
So what's the process for me NOT to move out at end of May and for them to start court proceedings?
Do I inform them, I'm not leaving or wait for them to make the 300 mile journey and turn up and realise they can't come in?

moneysavinghero

Did your new LL give you written notice that they are the new landlord? They have 2 months to do this from the date they purchased the property. If they didn't then they have committed a criminal offence and can receive a fine of up to £2,500. If this is the case you could use this as leverage.

moneysavinghero

. You bertie1979 said:

I was told in January by the prospective new owners they wanted me to remain in the property, so i stopped looking (this was confirmed again last week by them and the letting agents).
literally 30 mins ago, i received a text saying they've now changed their mind and want to take possession on my end date and spend the summer in cornwall....
So what's the process for me NOT to move out at end of May and for them to start court proceedings?
Do I inform them, I'm not leaving or wait for them to make the 300 mile journey and turn up and realise they can't come in?

You do not have to do anything. Your tenancy can only end if you agree to it or a court ends it. Just keep paying you rent. If you are worried that the new owner may turn up in the summer with their suitcases expecting to come in then change the locks (keep the old ones to put back when you leave).

You could inform them if you wish. On this occasion you won't be losing anything by telling them.

moneysavinghero

It's also possible that by telling you in Jan they wanted you to stay that this would void the current S21 notice. So they might even have to issue you with another S21 notice when they do finally get to court, but this would be for the courts to decide.

bertie1979

I don't actually know if the property has completed yet, been told several times "completing" end of Feb/early March, then told should be end of April.
So basically, if they complete, they have to inform me they're my new landlords (even if they think it's just for 1 month).
Right so I'll just ignore them for now and then closer to my date, I'll notify them the property unfortunately for them won't be vacant.
But I should have at least a further 3 months for the court date, etc etc?
how long generally does the court give from their ruling to then take possession?
Obviously I'll start to look for property again.

bertie1979

sorry also when you say, they have to inform me of being my new landlords, does a text suffice or do they have to complete forms or something?

moneysavinghero

bertie1979 said:

sorry also when you say, they have to inform me of being my new landlords, does a text suffice or do they have to complete forms or something?

The law says they have to inform you in writing and to give their full name and address. I am guessing they did not put all of that in a text. Whether or not a text counts as 'in writing' i'm not sure.