Mean

fleur8

Very mean 

[Deleted User]

He's right in that it's not his problem. You'll need to decide whether to take the gamble of giving notice or not. No one can tell you if it's the right thing to do or not.

Decide if there is somewhere else you can stay if you do give notice, or if you are prepared to pay for unused rent if you don't.

davidmcn

fleur8 said:

My landlord has refused a rolling tenancy after the break clause in Jan which she has a right to do. 

Why, what do you think will happen if she "refuses"? She won't be able to kick you out any time soon.

[Deleted User]

Definitely people will have pulled out. But you need to weigh up your own situation.

Given that nothing is certain, weigh up the costs as I said in my earlier post. You need a plan.

[Deleted User]

Or you keep renting until such time you can give notice.

[Deleted User]

It can do. It can also have the opposite effect.

You need to know what you want and what you're prepared to do before you start issuing ultimatums.

FTB_Help

fleur8 said:

davidmcn said:

fleur8 said:

My landlord has refused a rolling tenancy after the break clause in Jan which she has a right to do. 

Why, what do you think will happen if she "refuses"? She won't be able to kick you out any time soon.

If I stay past the end of the break clause, then she’ll have to start court proceedings to evict me, I assume? How do people do this? I can’t imagine refusing to leave the property and causing so much confrontation and stress for the landlord. 

Yeah dont do this, im sure court evictions will affect your credit score- dont want to be messing around with that right now. Could you afford to extend your rent for more months and pay mortgage? If not maybe find an air bnb

Thrugelmir

fleur8 said:

Deleted_User said:

Definitely people will have pulled out. But you need to weigh up your own situation.

Given that nothing is certain, weigh up the costs as I said in my earlier post. You need a plan.

I wonder about giving an ultimatum? I’ve read that it can work. 

Not going to change the legal position.  Ball remains in your court.

Speak to your LL. Explain the situation. Negotiate an agreeable exit. 

Tim11111000111

Unfortunately it doesn't sound like there's any "good" way out of this scenario. You options are 1) hand in the notice, then if the sale falls through scramble to find an alternative solution, or 2) don't hand in the notice, and be prepared to pay rent until the end of your fixed period. 
With option 1, you could ask the landlord to rescind your notice and let you continue your tenancy - although they are under no obligation to do so and if they do not, and you remain in the property, the 'double rent' rule could apply. You could also put your stuff in storage and stay in an AirBnB for a few weeks, if you are confident the sale will go ahead eventually.

With option 2, you could try putting more pressure on the seller - tell them that if they don't submit the LPE1 in the next few days, you will have to pull out. They won't want to be back to square one either!

Regarding your solicitor, I don't think that situation is right. I would certainly want my solicitor to be approachable and polite, even if that means politely pointing out that certain things are beyond their remit. Consider submitting a complaint and/or finding a new solicitor. Having skimmed through your previous posts, I would certainly be inclined to say your current solicitor's behaviour falls below the expected standard and in some cases breaches the SRA's Code of Conduct.

AdrianC

fleur8 said:

I am currently renting and I have a break clause in mid January that requires 1 months’ notice. Therefore I need to give notice next week.
...
My landlord has refused a rolling tenancy after the break clause in Jan which she has a right to do.

Hmm...
Is this a break-point in the middle of a fixed-term tenancy?
If so, when is the next opportunity to give notice, presumably the end of the term?

Or is this the end of a fixed-term, and the landlord is wanting you to sign a new fixed-term tenancy?
If so, then you certainly do not have to sign a new tenancy - and they cannot refuse a periodic tenancy. They would have to issue you s21 notice, which is currently six months.

davidmcn

FTB_Help said:

fleur8 said:

davidmcn said:

fleur8 said:

My landlord has refused a rolling tenancy after the break clause in Jan which she has a right to do. 

Why, what do you think will happen if she "refuses"? She won't be able to kick you out any time soon.

If I stay past the end of the break clause, then she’ll have to start court proceedings to evict me, I assume? How do people do this? I can’t imagine refusing to leave the property and causing so much confrontation and stress for the landlord. 

Yeah dont do this, im sure court evictions will affect your credit score

Why would they, assuming the OP continues paying their rent? In fact, why would the landlord bother evicting (and then end up with an empty property) if the OP is still paying rent?