Section 21, landlord selling, wants early settlement

Hoping4Help

New landlord might want us to stay but We don't want to as situation with other employees as been so horrible-all been here 8+ years, employee my partner was replacing still here after 25years!Other ancillary building has been let for 50 + years some live on site & their home looks directly into ours! We weren't welcomed when we arrived, people gossiping about us and derogatory remarks about the employer I do not need to hear.Other employees being kept on at moment-so situation will continue as employer doesn't want to know or disregards his duties.If we weren't in the middle of this I couldn't have believed a work environment like this could have existed.And we have to live here too Sorry off the point now

Slithery

Hoping4Help said:

New landlord might want us to stay but We don't want to as situation with other employees as been so horrible-all been here 8+ years, employee my partner was replacing still here after 25years!Other ancillary building has been let for 50 + years some live on site & their home looks directly into ours! We weren't welcomed when we arrived, people gossiping about us and derogatory remarks about the employer I do not need to hear.Other employees being kept on at moment-so situation will continue as employer doesn't want to know or disregards his duties.If we weren't in the middle of this I couldn't have believed a work environment like this could have existed.And we have to live here too Sorry off the point now

All completely irrelevant.

greatcrested

Hoping4Help said:

Also Housing officer told us that landlord would have been better off NOT serving section 21 as its tied accommodation,
We have more rights under section 21

Depends if you are a 'Service Occupier' or 'Service Tenant'.

https://england.shelter.org.uk/housing_advice/private_renting/accommodation_that_comes_with_your_job

Hoping4Help

Thanks Great Crested-Apologies for not keeping to the point
So we should immediately pay rent due?
Housing officer said can pay it retrospectively-if we can pay this off would negate a section 8
Yes I agree reasonable not the correct word
Would not be willing to move for less than 1 years rent + moving costs
Landlord/employer has terminated contracts of 4 others in the same way-I think its about getting what he wants, the cost may be of no significance, after all who employs 4 full-time people, who do what they want/ can get away with, & cost a lot more

Rural_Puppy

O/P I am so sorry to read your story. It must be a really stressful situation to be in.
My suggestion would be to try and negotiate a better settlement with your landlord.
Has the notice and offer of settlement been served directly by the landlord or his agent?
Either way, decide what would be acceptable to you and either ask for that, or a slightly larger amount and be prepared to settle downwards to the level that is acceptable.
Best of luck.

Hoping4Help

Thanks Great Crested re shelter link, I had looked at this before but could not decide which category we come into.
Now the landlord has served a section 21, housing said he could not now start a different route for proceedings to evict
Is that correct? or is the devil in the detail of whether we are service occupier  or service tenancy? Do either give us more rights
Employment contract states "To enable you to perform your duties the employer will provide you with accommodation during your employment."The terms on which you are offered such accommodation will be subject to a separate AST
We have a separate AST cant find anything in it but re-reading  again In case I missed something.

Hoping4Help

Thank you Rural Puppy for your kind words, Its good to know that there are people out there who care and are willing to give their time to help us get through the minefield of  difficult to understand legal stuff.Without other people looking at things from a different perspective its easy to miss something and make the wrong decision. I have never been as stressed as I am now, we lost our home four years ago when my father died but we still had an income. Covid has been mentally challenging and my partners mother died unexpectedly this summer also, I am hoping that this situation cant get any worse.
Once a decision has been made we can get on with our lives.

Notice of settlement letter/dismissal directly from employer.
Settlement agreement from solicitor. Asked to use solicitor to make it legally binding
A clause in the settlement agreement states "It is agreed that you will remain in the property subject to the terms of the AST until 31 January 2021. As a strict condition of this agreement you will vacate on or before 31 Jan 2021, in accordance with terms of the AST" 
So if we agree to their terms we have to leave the property by 31 Jan and we have a lump sum
OR Can we still remain in the property and NOT take the money even though the  agreement is signed?
Am I correct

NameUnavailable

You have already signed (accepted) a settlement agreement??

Hoping4Help

No we haven't signed a  settlement agreement one has been printed for us to give to a solicitor with what they are offering but we want to negotiate more.Employment solicitor we spoke to said we won't get more( but he only deals with employment)
ACAS suggests 10 days to agree negotiate, not sure if that started from day of dismissal 30 Oct or when given settlement agreement on 2 Nov.
10 working days?

Hoping4Help

I can't find anything in the AST regarding Service occupier  or service tenant does this matterHoping4Help