Withdrawing of the Section 21 Notice - need advice

RAS

I suggest you make up a composite email, including the S21, the recent message from the EA and the one from the LL.

Email that to them both, and tell them that you are leaving at the end of the S21. Let them argue it out between them.

You could offer to go earlier if that suits you but arrange a mutually agreed early surrender, for a few days after you want to move out (allows for packing and cleaning).

pinkshoes

I am quite sure that at S21 cannot be revoked without the approval of the tenant.

So I would write to the LL saying you do NOT accept the S21 being revoked and will be moving out on the 11th April as per the  S21 received on <date>.

nrmm

You’re all so helpful, I cannot thank you enough… would this wording be okay, in your view? Anything you’d recommend changing ?

We were served a section 21 notice on Feb DD. Since then i.e for the last one and a half months, the property has had multiple visits from the landlord (one without consent), as well as from the estate agency to take photos and do various viewings with clients. 

On the 5th of March i.e 7 days ago, I received an email from the landlord informing that “The property has been sold, therefore, your tenancy will cease on the 11th April, as advised”. I attach the email for your reference. 

As you know, given the tight deadline, we had to look for a property to move into. We already took another property in reliance on the landlord serving us a break notice. Section 21 can’t be unilaterally revoked but can with the agreement of both parties.

Please inform the landlord that we’re not in agreement; please also inform the landlord that we’ll vacate the property on April, 11 under the section 21  notice we’ve been served. The notice can’t be rescinded.

I look forward to receive the details regarding the check-out on the 11th of April.

nrmm

getmore4less said:

11 May 2018?

This is the initial full contract we signed, which was then followed by 4 annual extensions

mark55man

Not an tenancy expert, but pretty good at complaints - personally I'd leave out the bit about the visits especially the unannounced one.  your case isn't about that and its a bit passive aggressive when what you want is just assertive

complain separately about the visits if you want but I don't think it will get you anywhere therefore its not helping here

nrmm

I mean, we signed a annual contract which was then renewed by signing 4 memorandum of agreement. The last one we signed says the following regarding the break clause:

nrmm

canaldumidi said:

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.

Many thanks. I just added the wordings above, so many thanks !

canaldumidi

nrmm said:

I mean, we signed a annual contract which was then renewed by signing 4 memorandum of agreement. The last one we signed says the following regarding the break clause:

1) The original Break Clause you quoted is meaningless. It would only have been relevant during the original fixed term back in 2018 or so.

2) it would have been helpful to have the exact dates of the original fixed term, and hence also the exact dates of the subsequent annually renewed fixed terms.

3) however, the Break Clause quoted above appears relevant and enforceable.

4) the letter received originally invoking the Break Clause above was therefore valid and the tenancy will end on April 11th in accordance with the Break Clause quoted in the latest memorandum dated xx/xx/22.

5) note that the S21 is irrelevant, whether enforced or invoked. A S21 Notice does not end a tenancy - it merely gives the landlord the right to subsequently apply to a court to end the tenancy

6) Referring to the S21 in your reply is therefore pointless.

7) what matters is the letter you received in Feb invoking the Break Clause and giving you 2 months notice

8) Notice to end a tenancy, once given, cannot be revoked except by mutual agreement. Neither LLs nor tenants can go changing their minds! This would make giving notice pointless and no one would know for sure if a tenancy was to end or not in a given time period!

9) Sale of the property makes absolutely no difference to your tenancy. If the sale Completes while your tenancy continues (eg if you stay in occupation- as is your right till a court enforces the notice) then you simply get a new landlord to whom you owe rent. The new LL has to follow the correct process to evict you if that's what they wish

10) you therefore have a choice:

a) leave on April 11th as per the original notice. Do not ask about this, simply inform the LL/agent that is what you are doing in accordance with the notice (not S21) received on Feb xx as invoked the Break Clause

b) remain. Advise the LL/agent that you are not departing and that until a court reviews a valid S21 served by the current, or future, landlord, and grants the then LL possession, the tenancy will continue

nrmm

Many thanks, makes all sense. So a paragraph saying what you say on option 10 a. will be just fine, succinct and resolve the matter?

canaldumidi

nrmm said:

 So a paragraph saying what you say on option 10 a. will be just fine, succinct and resolve the matter?

Legaly, yes.

In practice theLL/ agent may bluster, contradict you, attempt to persuade you otherwise, whoknows? So 'resolution' might take a bit of time!

But my advice would be not to engage in debate once you've confirmed you are leaving on 11th.