Being served S21 and buying our house at the same time

OliviaWw

Hi everyone, 

We are currently renting and in the process of buying our first house. 

The flat we are renting is on a 6 month fixed term until 22nd November. The letting agent
1) sent us an email earlier this month requesting a rate increase from next payment period,
2) as well as issued us a S21 notice requesting us to leave by 14th November. 

We told the letting agent that we intend to leave at the end of the notice period, but we might need to overstay, we can probably give them a clearer answer in early/mid December. However, the agent keeps sending us emails saying that we need to decide now because if they need to find a new tenant, they need to list the flat to the market now. 

1) I want to understand if we can ignore the agent for now? Because what we told the letting agent is genuine (we intend to leave, but need more time to give a clearer answer) 

Our side notice period is 1 month, so legally if I want to leave at 14th January, I can give them notice before 14th December anyway? 

2) if we do need to overstay for a month or so beyond 14th January, do we need to pay their new requested rate? The request is a bit unreasonable, as same one bed flat nearby are mostly advertising £1300 and have not been let agreed. We are paying £1200 and they requested a ride to £1500. 

Many thanks in advance for your input and help 

OliviaWw

Apologies, should be: 

2) as well as issued us a S21 notice requesting us to leave by 14th January. 

canaldumidi

Silly agent!  S 21 is invalid as

* offering a new contract at the same time as (or after) issuing a S21 invalidates it. They can't want you to leave AND want you to stay!

* S21 needs  2 month expiry date. If served " earlier this month" to expire 14/11/21 that is not 2 months. Exact date served please?

a 6 month fixed term until 22nd November.

Your fixed term has ended. You are already on a periodic (rolling) tenancy.

OliviaWw

It’s my typing mistake, apologies. 

The agent asked us if we can put a new offer as the landlord wants £1500 per month now. 

And then sent us a S21 notice on 12th November. The notice says we should leave by 14th January. 

I think their notice is valid

TripleH

What does your contract say about rent increases? Let us know what it says or if it doesn't mention anything.

When the fixed term ends you move onto a rolling 1 month contract.

For now (subject to wording on rent increases in contract) I'd keep paying your rent as is.

OliviaWw

There’s no mention of rent increase in the contract. It’s a 6 month fixed term contract. 

The Term:

The Tenancy shall be for a period of 6 Months to start on and include the 22nd May 2021 and to end on and include 21st November 2021, and thereafter from Rental Period to Rental Period.

("the Term")

The Rental Period:

Every month commencing on the first day of the Term stated above.

("the Rental Period")

The Rent:

£1200.00 per month

The first month's rent in the sum of £1,594.52 shall be payable in advance on or before the 22nd May 2021. Thereafter rent will be payable in advance at a rate of £1,200.00 per month.

Full details can be found in the Payment Schedule attached to this document.

Should the tenancy continue or renew, rent will be due in advance from 22nd November 2021 at the same recurring frequency.

("the Rent")

        

canaldumidi

So 12 Nov - 14 Jan is valid.

But offering you a new contract at a new rent invalidates the S21. You could also look at these 84 questions here: S21 checklist (Is a S21 valid?)

As you are on a periodc tenancy now, the rent remains the same. There are 4 possible ways they can now increase rent:

1) by mutual agreement. You don't have to agree.

2) by signing a new fixed term at a new rent. You don't have to sign

3) in line with the original tenancy agreement you signed - does it specify how/when rent can be increased? Read it and check

4) if 3) above does not apply, by serving a Section 13 Notice

See also

Post 5: Rent increases: when & how can rent be increased?

Leggitte

People will probably advise that only a court can end a tenancy. In this case, just talk to your landlord, explain the situation and keep it amicable. Explain you are in the process of buying a house. I was in a similar situation several years ago (apart from the rent increase) and was open and frank to my landlord. He then decided to wait, and 2 months later I handed in my notice. Best option for both of us. I still bump into him now and then as I only bought a house 500 yards away. I always advise to keep it friendly where some others would go to court. 

canaldumidi

OliviaWw said:

.....

1) I want to understand if we can ignore the agent for now? Because what we told the letting agent is genuine (we intend to leave, but need more time to give a clearer answer) 

Our side notice period is 1 month, so legally if I want to leave at 14th January, I can give them notice before 14th December anyway? 

2) if we do need to overstay for a month or so beyond 14th January, do we need to pay their new requested rate? The request is a bit unreasonable, as same one bed flat nearby are mostly advertising £1300 and have not been let agreed. We are paying £1200 and they requested a ride to £1500. 

1) yes you can ignore. Continue paying the same rent. No new contract need be signed.

Yes, when you want to leave you must serve notice. Does the tenancy agreement say 1 calender month? Or 1 month aligned with tenancy periods? Or what exactly?

2) No. Continue paying the original rent until one of the 4 options in my previous post.

Note that whenever you leave, you must serve proper notice.

OliviaWw

Leggitte said:

People will probably advise that only a court can end a tenancy. In this case, just talk to your landlord, explain the situation and keep it amicable. Explain you are in the process of buying a house. I was in a similar situation several years ago (apart from the rent increase) and was open and frank to my landlord. He then decided to wait, and 2 months later I handed in my notice. Best option for both of us. I still bump into him now and then as I only bought a house 500 yards away. I always advise to keep it friendly where some others would go to court. 

We did tell the agent very openly that we’re buying a house, so will need to see how it goes before we can decide if we negotiate a contract or not/or when will we leave. 

We’re not on good terms with the letting agent. They are indeed a very silly one. They made us move into a flat that’s not cleaned, and we had to spend two days cleaning it ourselves, they were very rude and didn’t want to handle our complaint. So we reported them to their regulator The Property Ombudsman, and the case is still ongoing. 

OliviaWw

canaldumidi said:

Yes, when you want to leave you must serve notice. Does the tenancy agreement say 1 calender month? Or 1 month aligned with tenancy periods? Or what exactly?

“Ending Tenancy:

Should either party wish to terminate the Tenancy, it is agreed that the Tenant must serve a minimum of 1 month’s advance written notice to be served on the Landlord. The Landlord must serve a minimum of 2 months advance written notice to be served on the Tenant. The tenancy must not expire within the first 6 Months of the Tenancy commencement date.”

I think it’s period to period notice. 

I thought I was right about ignoring them, because we have opening told them everything, but the agent just keeps sending us emails.