Advice on ending tenancy

Mimi123456

Thank you all again for the great advice. 👍🏻 

Mimi123456

canaldumidi said:
You (or they) can over-ride the original contract provided the other agrees.

👍🏻 Good to know. So far their email just says ‘provided you allow viewings’. Doesn’t specify any conditions.

I will reply today that I’m ok with viewings subject to prior agreement and that viewings can take place during the day Mon-Fri.

They did do viewings before. It started off quite fine and respectful. but then the Sales guy began bombarding me with messages and calls via all possible channels: email, iMessage, calls, WhatsApp often asking to come like 1hr after the call. 

So in the past month I just stopped replying and focused on my own new rental search, as it was just too disrupting. 😕

RAS

Mimi

You need to nail down exactly what you mean by "day". Your idea of 9-5 might not be the sales guy's idea, of fitting an early morning session in before work and starting another at 5.45 as that's the earliest another punter can get there, and they are then late.

I'd make plain that the sales guy's behaviour was unacceptable and if he tries to repeat it, you'll withdraw the offer. After all, they want you out, and you want to get packed up. They want the place leaving clean when you go  and you need time to pack and clean. 

Maybe ban viewings on some days before you leave so you can concentrate on packing and cleaning.

Mimi123456

Thank you RAS. Will do - will mention exact days and times and pre-agreement 1 day in advance.

Mimi123456

An update from me.
help needed!

Before I could reply to their previous email the landlord sent an email using the 2 month break clause provision which means tenancy ending in early May.

where do I stand on this?

can I still execute my right to roll into periodic and give a 1-month notice on 14 March to terminate on 13 April?

What should I tell them now? We almost agreed to terminate on 31 March and now they slap me with this????

very much appreciate any advice 

Mimi123456

Argh I should not have waited so long to reply. Just wanted to finalise all docs on the other tenancy. and find the right wording to set viewing arrangements 

Mimi123456

Looking through documents. I’m confused. Email says he exercises break clause (which is 2 months according to our recent 3month extension ending on 13 March). But also enclosed S21 with form 6a

I just want to move out at end of March and be done with it. 

Or at least 13 April if I can still exercise my right to serve notice when it rolls into statutory periodic tenancy

does it still roll into statutory if I’m under notice now? Even though my fixed term ends before the notice expires?

PRAISETHESUN

Mimi123456 said:

An update from me.
help needed!

Before I could reply to their previous email the landlord sent an email using the 2 month break clause provision which means tenancy ending in early May.

where do I stand on this?

can I still execute my right to roll into periodic and give a 1-month notice on 14 March to terminate on 13 April?

What should I tell them now? We almost agreed to terminate on 31 March and now they slap me with this????

very much appreciate any advice 

Evoking a break clause doesn't really make sense to me based on what's been said since I thought the fixed term was ending in a week or two? It won't apply to a SPT. What exactly did they send you - was this a section 21 notice? All that means is they are starting the process to legally evict you from the property. From what you've already said, you'll be long gone from the property before it gets anywhere near a courtroom so I wouldn't worry.

Sounds like they aren't going to agree to mutual surrender though, so you'll need to give proper notice in line as discussed previously. That also means though there's probably no requirement for you to facilitate any viewings now, if you wanted to put your foot down.

EDIT:

Our posts crossed - this is S21 which is fine. You can still give your own notice to leave at any time, even if it conflicts with the notice. It just needs to line up with your tenancy periods as previously discussed.

Personally at this point I'd just put my foot down and serve notice on your terms, and refuse all viewing requests until you move out.

Mimi123456

They kind of did both. The email says the landlord is exercising break clause. And the attachments are S21 notice 

Mimi123456

🤦🏻‍♀️🤦🏻‍♀️🤦🏻‍♀️🤦🏻‍♀️I appreciate I waited a day till reply but it’s so annoying they just slapped me with this notice now. 

I replied to them at noon thinking we are concluding on 31 March and then found their s21 email in my junk box 

thank you PRAISETHESUN. Appreciate the clarification.