Help please so confused

boxer234

Hi everyone, I am currently in rental and in the process of buying.  

I have a fixed term contract 12 months which ends in August.  Each year the serve a S21 and threaten eviction if you don’t sign another fixed term basically refusing to roll thr contract. 

I started the buying process at the start of the year found a property chain free.  I knew I may have a few months over lap but found this less stressful than dealing with them about it.  

I received my S21 last month 3 months early with a note saying if I didn’t let them know what I was doing they would relist the property.  I called explained I didn’t know as I was buying and asked how much notice they needed as my contract wasn’t clear.  They told me 2 months.  

I went away read my contract again it says nothing about notice at all so I emailed to clarify and asked them to direct me to the part of the contract where it says this.

I then reviewed an email saying I didn’t need to give notice as they have.   

Is this correct ?

However if I don’t let them know within 2 months they will re list the property.

Is this correct ?  Today they sent me a check out date.  I haven’t replied to either email. 

 I have read the information on here but am still unsure about how much notice I need to give.  We are close to exchanging so they will get about 6 weeks. I’m just so worried it will all fall through and I’ll end up homeless.

Sorry this is so long. 

newsgroupmonkey_

It's my turn

Post 4: Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

Have a read of that post.
Firstly, the Letting Agent can send you anything they like, but it's not valid.

If you have a read, the S21 actually says that they can apply to the courts to take back possession of the house.

It will take them up to a year to get you out providing you continue to pay your rent.

Also worth checking the S21 checker here

https://markprichard.co.uk/content/documents/170522-Section-21-checker-tool.pdf

Do not be tempted to hand your notice to them before you have exchanged. Until you exchange, anything can happen - you or the seller are entitled to pull out right up until the day of exchange.

DO NOT let them bully you. You are entirely in control and your Letting Agent knows this. Unfortunately, they have a tendency to think that tenants have absolutely no idea of the law.

diego_94

Let just be clear about this, you wont be out on the streets when you tenancy ends. It automatically rolls over to a periodic tenancy whether the agent and landlord like it or not, so your safe in that fact. An S21 (If valid. see below) is only a request to leave, when this expires the landlord would have to apply to the courts for possession, this would take months, and you would well be on your way in your new house before it get to this stage anyway.

Use the link below to check that the S21 is valid. If its not, keep quiet. When this gets to sourt it will be thrown out and they will have to start all over again.

https://england.shelter.org.uk/professional_resources/legal/possession_and_eviction/section_21_validity_checker 

For now stop communicating with the landlord or agent? (would be good for you to clarify which one) and listen to the advice on here, there are a lot of knowledgeable people that will help you.

I'm betting its the agent flexing their muscles a bit here trying to get fees from the landlord for tenancy renewal etc.

Oh and change the locks if you haven't already done!

boxer234

Thank you this was my impression.  Do I respond to them or just leave them to it? I have read the AST link but am still slightly confused.  It says nothing about notice in my contract so as they have served s21 is that no notice ? It seems unclear. 

newsgroupmonkey_

boxer234 said:

Thank you this was my impression.  Do I respond to them or just leave them to it? I have read the AST link but am still slightly confused.  It says nothing about notice in my contract so as they have served s21 is that no notice ? It seems unclear. 

@canaldumidi will be along shortly, but I believe if nothing is in writing, it's 2 months from them, 1 month from you.

It's important to understand the dates too.

diego_94

Don't respond.....

An S21 is a request to leave a property, it needs to have 2 months notice, and I assume they have served with the expiry date showing your tenancy end date? Even if you dont leave on this date, they then need to apply to a court, they cant come round and turf you out.

About relisting, how are they going to do this? They will need to come and get photos from you, so see below in case they let themselves in!

CHANGE THE LOCKS! Keep the old ones to put back when you move out.

boxer234

newsgroupmonkey_ said:

boxer234 said:

Thank you this was my impression.  Do I respond to them or just leave them to it? I have read the AST link but am still slightly confused.  It says nothing about notice in my contract so as they have served s21 is that no notice ? It seems unclear. 

@canaldumidi will be along shortly, but I believe if nothing is in writing, it's 2 months from them, 1 month from you.

It's important to understand the dates too.

I asked them this if it is from the pay day or the day the contract started.  They replied they need notice in writing.  They then went on to say they will re list if they don’t hear from me.  

This whole process the most stressful thing about buying has been the letting agents. 

boxer234

diego_94 said:

Don't respond.....

An S21 is a request to leave a property, it needs to have 2 months notice, and I assume they have served with the expiry date showing your tenancy end date? Even if you dont leave on this date, they then need to apply to a court, they cant come round and turf you out.

About relisting, how are they going to do this? They will need to come and get photos from you, so see below in case they let themselves in!

CHANGE THE LOCKS! Keep the old ones to put back when you move out.

I have no idea they used old photos when I looked at it.  

diego_94

They can be a law unto themselves sometimes, try not to let is stress you out, you have the law on your side and you are in the driving seat. Would be good to understand dates. AST start date and end date. S21 date and expiry date on it.

boxer234

The S21 is in line with the date the fixed term ends. 

saajan_12

newsgroupmonkey_ said:

boxer234 said:

The S21 is in line with the date the fixed term ends. 

And dated 2 months before?

If it's dated today and that's 3 months away, it's not valid.

Eh, do you mean if the LL gave 3 months notice instead of the minimum 2? Whats wrong with that?