Section 21

NothingGoesToPlan

a little confused on the dates to leave property, I’ve never had a section 21 before, this is the only place I’ve rented, which is why I’m confused 

I’ve been renting for 5 years, started with a 6 month contract then went on to a ‘rolling contract’ I recently asked the landlord to buy but the price they want is more than I want to pay, so I’m looking elsewhere and they’ve now put house on market, first I had a text to say they were giving me 6 months notice but if I find somewhere sooner they will release me, which I thought was great as I was expecting just a couple of months, I worked this out to be start of December, then a week later I had an email with the section 21 attached, 

worded as follows; 
I give you notice … that I require possession of … after 2nd January 2022, or if this notice would otherwise be ineffective, after the date being the earliest date, not earlier than two months after the date of service of this notice when shall expire a period of the shorthold tenancy 

dated 11th June 

so I read that to mean move out by 2nd January, which is the day before the rent due date 

they’ve now accepted an offer on the house and have asked me if I’ve found anywhere yet and if I need help to find somewhere.
I’m happy to stay here until the January date if I’ve read the letter correctly as then I can take my time to pack and not rush into buying somewhere, however 
Im just a little worried now that they’ve asked me a few times if I’ve found anywhere that either I’ve read it wrong or they can say I need to move out earlier, have I read the notice correctly with the January date ? 

It seems straight forward but now I’ve overthought it so much I’ve confused myself ! 

appreciate any help 

sammyjammy

You are correct, although they could issue another one for an earlier date if they wanted to, if they want you to move earlier then a cash reward would maybe help!  Have you been looking at all?

NothingGoesToPlan

Yes I am looking at properties, I’m happy to move out as I am ready to buy somewhere now, I’ve always got on well with the landlord and don’t intend to be difficult about anything, I just don’t want to panic and rush into something if I’ve got 6 months, and it’s quite cheap to live here so I have the advantage of saving more while I’m here too, thanks for your help 

anselld

Does your contract specify that notices can be served via email?

The s21 may be invalid for many reasons, check here...
https://markprichard.co.uk/content/documents/180408-Section-21-checker-tool.pdf

Even if the s21 is valid the date is the earliest the L can start court proceedings for possession.  You do not need to leave until the Court grants an order and the bailiffs turn up (although awaiting court proceedings may cost you money).

So you are correct that Jan is the absolute earliest date you need to leave.  Having said that the L is clearly motivated to sell and may not be able to do so with you in situ unless he is selling to another investor.  Depending how well you have been treated you may like to consider co-operating with his plans.  Likewise he may consider "incentivising you" to leave.

GDB2222

They can now reissue the notice, giving four months notice from the next rent date, ie 4 months from 2 July.  Even though the new notice expires on say 2 November you don’t have to leave then. It’s just that they can’t start the court process before then. 

Personally, I would ask them whether they want to bribe you to leave urgently. Think in terms of 2-3 months rent.

moneysavinghero

The LL has either been generous or not up-to-date with the rules. They have given you six months  notice but as the S21 notice is dated June 2021 then they only needed to give you 4 months notice (but don't worry the date you need to leave by will still be the date on the S21 so 2nd January 2022 - unless they notice their error and reissue you with a new S21)

NothingGoesToPlan

thank you so much for all of the replies,
I’m taking it that I have until January unless they decide to reissue with an earlier date, if I find somewhere earlier great but if not, unless I have another letter, I won’t panic 😬 
I noticed the property listing didn’t state there is a tenant so I’m not sure if the buyer knows this, maybe that’s why they are pushing to find out if I’ve found somewhere 

HampshireH

NothingGoesToPlan said:

thank you so much for all of the replies,
I’m taking it that I have until January unless they decide to reissue with an earlier date, if I find somewhere earlier great but if not, unless I have another letter, I won’t panic 😬 
I noticed the property listing didn’t state there is a tenant so I’m not sure if the buyer knows this, maybe that’s why they are pushing to find out if I’ve found somewhere 

Did the buyer not view it? With all your stuff there?