Landlord selling our rented property

girlinabox

kazwookie said:

By the time it has gone on the book of an EA, the offer is accepted, the legal bods have done their stuff, you are going to be well into the middle of this year.

Searches are slow.

I don't really think you need to worry, just get your plan in for for the end of May when you want to go.

Fab thank you. Feeling much better about the whole thing now. Thanks again 😊

canaldumidi

girlinabox said:

lesalanos said:

They will serve your neighbours the S21 in Feb to coincide with the end of the fixed term in April 

I didn't think they could do that. The information I read on the government website states that S21 notices cannot be issued if someone is in the first 4 months of tenancy or still in their minimum term, both of these apply as they only moved in in October and have a 6 month agreement. 

A S21 cannot be served during the 1st 4 months, so if they moved in on, say, Oct 1st, S21 could be served on/after Feb 1st.

S21 cannot expire until the fixed term has ended (unless tere is a Break Clause), so again, if the tenancy started on Oct 1st, the S21 could be served on 1st Feb to expire on April 1st.

As pointed out, that does not mean the tenancy ends on April 1st. If the tenant remains, the tenancy becomes periodic (rolling), but the LL can apply to court to end the tenancy on the basis of the S21. This will take a further period of months.

girlinabox

canaldumidi said:

girlinabox said:

lesalanos said:

They will serve your neighbours the S21 in Feb to coincide with the end of the fixed term in April 

I didn't think they could do that. The information I read on the government website states that S21 notices cannot be issued if someone is in the first 4 months of tenancy or still in their minimum term, both of these apply as they only moved in in October and have a 6 month agreement. 

A S21 cannot be served during the 1st 4 months, so if they moved in on, say, Oct 1st, S21 could be served on/after Feb 1st.

S21 cannot expire until the fixed term has ended (unless tere is a Break Clause), so again, if the tenancy started on Oct 1st, the S21 could be served on 1st Feb to expire on April 1st.

As pointed out, that does not mean the tenancy ends on April 1st. If the tenant remains, the tenancy becomes periodic (rolling), but the LL can apply to court to end the tenancy on the basis of the S21. This will take a further period of months.

Thank you for clearing that up, I misunderstood what I'd read elsewhere, clearly.

I suspect they will serve all of us notice in February, to coincide with the end of the neighbour's tenancy period at the end of April. As we will not be able to leave right away we will notify at this stage, our intention to leave at the end of May.

Thanks again. 

canaldumidi

girlinabox said:

canaldumidi said:

girlinabox said:

lesalanos said:

They will serve your neighbours the S21 in Feb to coincide with the end of the fixed term in April 

I didn't think they could do that. The information I read on the government website states that S21 notices cannot be issued if someone is in the first 4 months of tenancy or still in their minimum term, both of these apply as they only moved in in October and have a 6 month agreement. 

A S21 cannot be served during the 1st 4 months, so if they moved in on, say, Oct 1st, S21 could be served on/after Feb 1st.

S21 cannot expire until the fixed term has ended (unless tere is a Break Clause), so again, if the tenancy started on Oct 1st, the S21 could be served on 1st Feb to expire on April 1st.

As pointed out, that does not mean the tenancy ends on April 1st. If the tenant remains, the tenancy becomes periodic (rolling), but the LL can apply to court to end the tenancy on the basis of the S21. This will take a further period of months.

.... As we will not be able to leave right away we will notify at this stage, our intention to leave at the end of May.
. 

Just be careful of the distinction between " our intention to leave " and giving notice.

yksi

Food for thought, have they actually met all the terms of serving you an S21 in the first place - that is, the gas certificate (if it applies), the "how to rent" guide, EPC, and have they appropriately protected your deposit in the correct time frame? If not, just sit tight. Any s21 will be invalid, which buys you plenty of time.

And I would not tell them you intend to leave. It doesn't help you in any way. Say nothing until you have one full rent period to go.

lesalanos

The joys of being a landlord 

canaldumidi

yksi said:

Food for thought, have they actually met all the terms of serving you an S21 in the first place - that is, the gas certificate (if it applies), the "how to rent" guide, EPC, and have they appropriately protected your deposit in the correct time frame? If not, just sit tight. Any s21 will be invalid, which buys you plenty of time.

S21 checklist (Is a S21 valid?)

girlinabox

lesalanos said:

The joys of being a landlord 

The joys of being a young person in a country when it's impossible to afford to buy a house, and having to rent and deal with self serving, duplicitous landlords.

🤷‍♀️

girlinabox

canaldumidi said:

girlinabox said:

canaldumidi said:

girlinabox said:

lesalanos said:

They will serve your neighbours the S21 in Feb to coincide with the end of the fixed term in April 

I didn't think they could do that. The information I read on the government website states that S21 notices cannot be issued if someone is in the first 4 months of tenancy or still in their minimum term, both of these apply as they only moved in in October and have a 6 month agreement. 

A S21 cannot be served during the 1st 4 months, so if they moved in on, say, Oct 1st, S21 could be served on/after Feb 1st.

S21 cannot expire until the fixed term has ended (unless tere is a Break Clause), so again, if the tenancy started on Oct 1st, the S21 could be served on 1st Feb to expire on April 1st.

As pointed out, that does not mean the tenancy ends on April 1st. If the tenant remains, the tenancy becomes periodic (rolling), but the LL can apply to court to end the tenancy on the basis of the S21. This will take a further period of months.

.... As we will not be able to leave right away we will notify at this stage, our intention to leave at the end of May.
. 

Just be careful of the distinction between " our intention to leave " and giving notice.

Thanks, duly noted! 

girlinabox

yksi said:

Food for thought, have they actually met all the terms of serving you an S21 in the first place - that is, the gas certificate (if it applies), the "how to rent" guide, EPC, and have they appropriately protected your deposit in the correct time frame? If not, just sit tight. Any s21 will be invalid, which buys you plenty of time.

And I would not tell them you intend to leave. It doesn't help you in any way. Say nothing until you have one full rent period to go.

Sadly they did provide us with all of that information, and if I recall correctly, they did ask me to confirm receipt of the same. The deposit scheme was protected straight away too.