Withdrawing of the Section 21 Notice - need advice

nrmm

Thanks in advance for your advise. 

My landlord has served us with section 21 to vacate his property, using the 2 months break clause on our AST. Now, 1 month later, he’s saying that he’s withdrawing the Section 21 Notice. We don’t want to stay as in the meantime we’ve also found a new property etc - are we forced to stay until the end of the AST (in May) or can we leave by the date of the Section 21 we’ve been served (April) ? 

So many thanks for your advise…

jonnydeppiwish!

I would say yes you still can though the more intelligent will be along shortly!

canaldumidi

jonnydeppiwish! said:

I would say yes you still can though the more intelligent knowlegeable will be along shortly!

 A big difference!

What was the exact wording the LL used in the implementation of the Break Clause - not the S21 that accompanied it.

And what is the exact wording of the Break Clause in the tenancy agreement?

At best, you can use the notice you've received to end the tenancy.

At worst you may need to serve your own notice under the BC.

Please quote in full.

Slithery

A S21 never means that you have to leave the property.
You always need to give the correct notice to end your tenancy - the S21 is irrelevant.

canaldumidi

Slithery said:

A S21 never means that you have to leave the property.
You always need to give the correct notice to end your tenancy - the S21 is irrelevant.

Yes but correct implementation of the BC could potentialy end the tenancy. The S21 would only be needed to enforce it, hence my query above.

hangryconsumer said:

In which case you have plenty of time to issue the correct one month's notice as per the AST. Unless you wanted out by 1st April and not the 10th...so you'll have to pay those 10 days even if you do vacate the property beforehand.

OP said the BC required 2 months notice not one, though we'd need to see the full wording to be sure.

hangryconsumer

canaldumidi said:

OP said the BC required 2 months notice not one, though we'd need to see the full wording to be sure.

Sorry, deleted my incorrect post.

nrmm

Ok so the letter we got from the real estate agency says: 

“I write to advise you that, in accordance with the Tenancy Agreement (clause 9.10.1), the

Landlord of the above property requires vacant possession of the premises and hereby gives you the required two (2) months notice to determine the Tenancy, which will now end on 11th April 2022

I therefore enclose Form 6A (Section 21 Notice), which serves as formal legal notice to

confirm this

I have enclosed a copy of the government's How To Rent Guide

We will be in touch to confirm details of the inventory check-out.

It is imperative that you do not instruct the utility companies to disconnect the supply.”

Last week, I received an email from the same real estate agency saying “ I write to advise that your Landlord’s circumstances have changed and she is now not proceeding with the sale of her property. Consequently, she is withdrawing the Section 21 Notice to terminate the tenancy on the 11th April 2022”

nrmm

The break clause on the AST says

getmore4less

11 May 2018?

nrmm

And last week I received an email from the landlord saying “The property has been sold, therefore, your tenancy will cease on the 11th April, as advised”. 

HoneyRoastedParsnip

Now I’d play silly buggers saying - now you need to section 21 me… god sounds awful.