Rental notice served - advice please!

Grumpy_chap

Morrigan_2020 said:

Sounds to me like the landlord has told the tenant they need to leave in Feb in the hope that they don't know their rights, but served a correct section 21 as a back up in case they do. 

Wow, in a way that's worse than a clueless amateur landlord just not knowing the law, this is a landlord who clearly does know the law but is trying to get around it by intimidation and misinformation anyway!

We don't necessarily know that.  The tenant (OP's relative) has been described by the OP as a vulnerable young man.

It is possible that the LL dropped the letter (S21 notice) round and handed it to the tenant in person because aware that the tenant was vulnerable and to try to soften the impact (versus simply by post recorded delivery as the LL wants to know the notice was served) and in conversation said something along the lines of "I won't be able to renew another 6 month term" when the current term expires in February.  Maybe the tenant either mis-heard, misunderstood, or panicked and thought it was a request to leave by the end of next month, and then called upon their support network (the OP) for advice what to do next.

I am not taking sides or saying the LL is good or bad, simply that we are seeing third hand information and have to take everything with some caution as there are bits of gaps that exist.

The fact we do have is the the LL has served the 6-month's notice, that appears to be valid and the OP can work with their young male relative to support them through the next steps and finding suitable alternative accommodation.  There is good information available from the members of this forum to give advice on specific matters where the OP requires it.

Morrigan_2020

Sorry, I can't see where the OP says that the tenant is vulnerable, which post is that in?

Grumpy_chap

In their linked thread:
https://forums.moneysavingexpert.com/discussion/6229192/guarantor-for-family-member-s-flat-rental/p1

queenofbargains said:

No - he is not my son, and I said he was under 25, not 25. He has several years yet to go. I’m sorry if it sounds “panic stations”, it isn’t. I have health problems and he is a vulnerable young person. 

queenofbargains

Thank you for all your posts. 

Will add - the LL definitely wasn’t trying to soften the blow - rather the opposite. It also came out of the blue. 

The LL has also sent messages to my young relative saying that although under the current legislation he has 6 months, they want the flat back as a relative needs to live there and that they would expect the flat to be vacated and left in good order on the February date. I have seen the messages and they are being kept, plus I’ve got screen shots of them. 

Morrigan_2020 - this LL is most definitely NOT clueless!!! He’s also not quick at repairing things when it’s needed or replacing when appropriate too! He does the bare minimum but quotes laws when he feels it’s on his side. The only time he did the right thing was when I emailed him once about a specific problem he wouldn’t acknowledge and quoted something about his responsibility as LL and quoted the Act, Paragraph, line etc. (I searched online extensively at the time.) He then did something immediately. He knows that my young relative is young and not very streetwise or knowledgable about things and uses that. He makes him feel useless and that he has to do what he’s being told by him. 

He is looking for alternative places every day also. 

A question - someone has said about my young relative giving the LL notice if he does find somewhere else. Is that right - abs how much notice if so?
 

I don’t have good health and sometimes I’m incapable of researching, helping etc. I try as much as I can when possible. So not always easy. That’s why I can’t always reply to all you good people at the right time. I can’t emphasise enough just how helpful everyone is and has helped enormously - THANK YOU ALL sooo much!!

Slithery

queenofbargains said:

A question - someone has said about my young relative giving the LL notice if he does find somewhere else. Is that right - abs how much notice if so?

I gave you this information in post #3, have you read it yet?

greatcrested

Slithery said:

queenofbargains said:

A question - someone has said about my young relative giving the LL notice if he does find somewhere else. Is that right - abs how much notice if so?

I gave you this information in post #3, have you read it yet?

And in my post (the 11th I think) I urged you to read the link provided (which answers your question).

(and no, we are not being obtuse. It's simply that it is not a straightforward one-word answer but depends on various variables. Rather than go through all the variables it's easier to refer you to G_M's helpful guide which was written specifically to avoid the necessity to constantly repeat all the information each time a poster asks the same question....)

CKhalvashi

Queenofbargains, please try to remain calm with this, as I know it's stressful.

February isn't going to be an option for the LL. If he attempts to enter the property, the police must be called. If he does gain entry to change the locks, the police must be called. From what you've told us, the law is on your side.

If you want, I'm happy to spend the 5 minutes it'll take to put a letter together for you to send to the LL outlining the position. IMO with this information, the cost for your relative to move will now be 6 months rent, deposit, reference moving fees and an additional a-hole tax of £500-ish. Before anyone accuses me of extortion here, I support the landlords who acts reasonably and professionally. This is not the case with this LL.

In addition it may be worth finding out who your local Councillor is with the Housing portfolio (it'll be a district/borough council in most areas, I can help find this out for you) and contact them. They are elected by local people for exactly this reason. I know it can be difficult to trust politicians, but many on a local level do have the right intentions.

Most importantly, don't be intimidated. Sit down with a coffee and re-read everything that we have sent to you, as I have crossed paths here with most posters regarding housing matters before and the advice you've been given is spot on. If you are unsure on the application of any of this, we are here to help. This forum has given us a lot over many years, and many of us spend great amounts of time giving back.

queenofbargains

greatcrested said:

Slithery said:

queenofbargains said:

A question - someone has said about my young relative giving the LL notice if he does find somewhere else. Is that right - abs how much notice if so?

I gave you this information in post #3, have you read it yet?

And in my post (the 11th I think) I urged you to read the link provided (which answers your question).

(and no, we are not being obtuse. It's simply that it is not a straightforward one-word answer but depends on various variables. Rather than go through all the variables it's easier to refer you to G_M's helpful guide which was written specifically to avoid the necessity to constantly repeat all the information each time a poster asks the same question....)

I’ll look again - it obviously hasn’t registered properly as I can’t remember. Sorry - I can be a bit slow sometimes and I do forget. 

queenofbargains

CKhalvashi said:

Queenofbargains, please try to remain calm with this, as I know it's stressful.

February isn't going to be an option for the LL. If he attempts to enter the property, the police must be called. If he does gain entry to change the locks, the police must be called. From what you've told us, the law is on your side.

If you want, I'm happy to spend the 5 minutes it'll take to put a letter together for you to send to the LL outlining the position. IMO with this information, the cost for your relative to move will now be 6 months rent, deposit, reference moving fees and an additional a-hole tax of £500-ish. Before anyone accuses me of extortion here, I support the landlords who acts reasonably and professionally. This is not the case with this LL.

In addition it may be worth finding out who your local Councillor is with the Housing portfolio (it'll be a district/borough council in most areas, I can help find this out for you) and contact them. They are elected by local people for exactly this reason. I know it can be difficult to trust politicians, but many on a local level do have the right intentions.

Most importantly, don't be intimidated. Sit down with a coffee and re-read everything that we have sent to you, as I have crossed paths here with most posters regarding housing matters before and the advice you've been given is spot on. If you are unsure on the application of any of this, we are here to help. This forum has given us a lot over many years, and many of us spend great amounts of time giving back.

Thank you so much for your kind offer of help. I would greatly appreciate you putting something together for the LL. 
I will check out who his local councillor is who has the Housing Portfolio.

it’s so lovely to read your reason for helping people like myself. I am truly grateful. 

GDB2222

In the tenant's position, I would write as follows.

Dear Landlord 

I accept that you would very much like me to vacate the property on xx February, although you have served a S21 notice that only expires in July, and I will do my best to comply. I am looking every day for somewhere else to live, but it’s not easy to find anywhere. Whilst I appreciate that you have great need of this property, you can’t expect me to live on the streets. So, I will move out as soon as I find something suitable. 

 I would appreciate your help in a couple of ways please:

Please provide a great reference. I think I have always been a decent tenant, in any case.

Please refund 100% of my deposit, so I have this available to put down on the new place. You can inspect the property to ensure that there are no breakages.

Please agree to waive any requirements for notice that I would have to give you. It is possible that I will find somewhere to move to that will be available at short notice, and I cannot afford to pay rent on two places at the same time.

You can always add Please agree to pay me £5000 to go ahead of time.