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Help please so confused

24

Comments

  • Slithery
    Slithery Posts: 6,046 Forumite
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    If it's dated today and that's 3 months away, it's not valid.
    Why not??

  • newsgroupmonkey_
    newsgroupmonkey_ Posts: 1,270 Forumite
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    saajan_12 said:
    Eh, do you mean if the LL gave 3 months notice instead of the minimum 2? Whats wrong with that?
    Ignore me. I'll remove the post. I thought it had to be exactly 2 months. It can be longer.
    I'm sure this wasn't allowed any more though? Our LA years ago used to serve an S21 with the 12 month contract. I thought this practice had been stopped.

  • boxer234
    boxer234 Posts: 396 Forumite
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    It was served last month so was three months notice they always send it early.  Normally I sign another 12 months.  
  • newsgroupmonkey_
    newsgroupmonkey_ Posts: 1,270 Forumite
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    I'd sit tight. There's absolutely nothing they can do before the S21 expires anyway.

    Up to you. If you want peace of mind, tell them that you're buying a house, you're not leaving and that you'll give 1 months notice when you've exchanged. Tell them not to contact you and you'll wait for the court date as necessary.

    Anything else, they're harrassing you.

    How long do you think you'll need to stick it out for?
  • saajan_12
    saajan_12 Posts: 5,283 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    saajan_12 said:
    Eh, do you mean if the LL gave 3 months notice instead of the minimum 2? Whats wrong with that?
    Ignore me. I'll remove the post. I thought it had to be exactly 2 months. It can be longer.
    I'm sure this wasn't allowed any more though? Our LA years ago used to serve an S21 with the 12 month contract. I thought this practice had been stopped.

    You can't serve a S21 notice in the first 4 months of a tenancy, to combat exactly that practice. That way, serving notice isn't just a matter of course, but rather a more conscious act, distinct from granting the tenancy and an actual indication to the tenant that the LL is serious about wanting them to leave. 

    However after the 4 months, you can serve the notice whenever and giving the tenant more than the 2 months minimum is a good thing, not bad. 
  • boxer234
    boxer234 Posts: 396 Forumite
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    I'd sit tight. There's absolutely nothing they can do before the S21 expires anyway.

    Up to you. If you want peace of mind, tell them that you're buying a house, you're not leaving and that you'll give 1 months notice when you've exchanged. Tell them not to contact you and you'll wait for the court date as necessary.

    Anything else, they're harrassing you.

    How long do you think you'll need to stick it out for?
    I have told them that I’m buying and I will let them know ASAP.  The solicitors are waiting on the last few enquiries I don’t think we are far off but anything can happen.  The sale has been quite smooth just the solicitors a bit slow. 
  • canaldumidi
    canaldumidi Posts: 3,511 Forumite
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    edited 23 May 2022 at 4:14PM
    the S21.
    1)  It sounds like it is valid, though there is a 87 Q questionaire here to check. Lots of reasons it may be invalid:
    S21 checklist (Is a S21 valid?)
    2) but even assuming it is valid, it does not end the tenancy. When the S21 expires, then the landord has the option of applying to a court to end the tenancy. He (the LL) cannot end the tenancy himself. Only a court can (or you). So you do not have to leave when the S21 expires.
    Your notice
    3) assuming you leave on or before the final day of your fixed term, you do not need to serve any notice. That's what 'fixed term' means! It's a .... fixed period of time (12 months) and at the end of that time, the tenancy ends. Assuming of course that you leave. Though if you stay, a periodic (rolling) tenancy starts. See 4...
    4) once you create a periodic tenancy, you'll have a Statutory Periodic Tenancy (unless your tenancy agreement says a contractual periodic will arise, but that seems unlikely since you say there is nothing about notice in the TA).
    5) Under a SPT you must serve 1 full tenancy period notice.This is explained in detail in the link
    Post 4: Ending/renewing an AST:
    6) do not serve notice till you have Exchanged Contracts on your purchase. If you serve notice and then fail to leave (eg your purchase is delayed or falls through) you can be charged double rent.





  • boxer234
    boxer234 Posts: 396 Forumite
    Fifth Anniversary 100 Posts Name Dropper
    the S21.
    1)  It sounds like it is valid, though there is a 87 Q questionaire here to check. Lots of reasons it may be invalid:
    S21 checklist (Is a S21 valid?)
    2) but even assuming it is valid, it does not end the tenancy. When the S21 expires, then the landord has the option of applying to a court to end the tenancy. He (the LL) cannot end the tenancy himself. Only a court can (or you). So you do not have to leave when the S21 expires.
    Your notice
    3) assuming you leave on or before the final day of your fixed term, you do not need to serve any notice. That's what 'fixed term' means! It's a .... fixed period of time (12 months) and at the end of that time, the tenancy ends. Assuming of course that you leave. Though if you stay, a periodic (rolling) tenancy starts. See 4...
    4) once you create a periodic tenancy, you'll have a Statutory Periodic Tenancy (unless your tenancy agreement says a contractual periodic will arise, but that seems unlikely since you say there is nothing about notice in the TA).
    5) Under a SPT you must serve 1 full tenancy period notice.This is explained in detail in the link
    Post 4: Ending/renewing an AST:
    6) do not serve notice till you have Exchanged Contracts on your purchase. If you serve notice and then fail to leave (eg your purchase is delayed or falls through) you can be charged double rent.





    Thank you, so technically I could serve no notice so they can’t re list the property ? I won’t do that because the land lord is actually an alright guy but it’s good to know.  

    I’m worried if the sale goes wrong and I need to rent again they will give me a bad reference.  I will definitely wait for exchange. 
  • canaldumidi
    canaldumidi Posts: 3,511 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper Combo Breaker
    edited 23 May 2022 at 4:26PM
    boxer234 said:
    the S21.
    1)  It sounds like it is valid, though there is a 87 Q questionaire here to check. Lots of reasons it may be invalid:
    S21 checklist (Is a S21 valid?)
    2) but even assuming it is valid, it does not end the tenancy. When the S21 expires, then the landord has the option of applying to a court to end the tenancy. He (the LL) cannot end the tenancy himself. Only a court can (or you). So you do not have to leave when the S21 expires.
    Your notice
    3) assuming you leave on or before the final day of your fixed term, you do not need to serve any notice. That's what 'fixed term' means! It's a .... fixed period of time (12 months) and at the end of that time, the tenancy ends. Assuming of course that you leave. Though if you stay, a periodic (rolling) tenancy starts. See 4...
    4) once you create a periodic tenancy, you'll have a Statutory Periodic Tenancy (unless your tenancy agreement says a contractual periodic will arise, but that seems unlikely since you say there is nothing about notice in the TA).
    5) Under a SPT you must serve 1 full tenancy period notice.This is explained in detail in the link
    Post 4: Ending/renewing an AST:
    6) do not serve notice till you have Exchanged Contracts on your purchase. If you serve notice and then fail to leave (eg your purchase is delayed or falls through) you can be charged double rent.





    Thank you, so technically legally I could serve no notice so they can’t re list the property ? I won’t do that because the land lord is actually an alright guy but it’s good to know.  

    I’m worried if the sale goes wrong and I need to rent again they will give me a bad reference.  I will definitely wait for exchange. 
    Well they can list the property.No way to prevent that. But you don't have to allow anyone access to view it, so the LL/agent would have loads of disgruntled applicants........
    Note there is a difference between informally telling the LL your plans, and serving formal notice, with a designated tenancy end date. It's certainly helpful, and polite, to let a LL know what you plan, but be careful with your wording not to specify an end date. Keeping a LL informed informally is likely to help with a future reference.
  • boxer234
    boxer234 Posts: 396 Forumite
    Fifth Anniversary 100 Posts Name Dropper
    boxer234 said:
    the S21.
    1)  It sounds like it is valid, though there is a 87 Q questionaire here to check. Lots of reasons it may be invalid:
    S21 checklist (Is a S21 valid?)
    2) but even assuming it is valid, it does not end the tenancy. When the S21 expires, then the landord has the option of applying to a court to end the tenancy. He (the LL) cannot end the tenancy himself. Only a court can (or you). So you do not have to leave when the S21 expires.
    Your notice
    3) assuming you leave on or before the final day of your fixed term, you do not need to serve any notice. That's what 'fixed term' means! It's a .... fixed period of time (12 months) and at the end of that time, the tenancy ends. Assuming of course that you leave. Though if you stay, a periodic (rolling) tenancy starts. See 4...
    4) once you create a periodic tenancy, you'll have a Statutory Periodic Tenancy (unless your tenancy agreement says a contractual periodic will arise, but that seems unlikely since you say there is nothing about notice in the TA).
    5) Under a SPT you must serve 1 full tenancy period notice.This is explained in detail in the link
    Post 4: Ending/renewing an AST:
    6) do not serve notice till you have Exchanged Contracts on your purchase. If you serve notice and then fail to leave (eg your purchase is delayed or falls through) you can be charged double rent.





    Thank you, so technically legally I could serve no notice so they can’t re list the property ? I won’t do that because the land lord is actually an alright guy but it’s good to know.  

    I’m worried if the sale goes wrong and I need to rent again they will give me a bad reference.  I will definitely wait for exchange. 
    Well they can list the property.No way to prevent that. But you don't have to allow anyone access to view it, so the LL/agent would have loads of disgruntled applicants........
    Note there is a difference between informally telling the LL your plans, and serving formal notice, with a designated tenancy end date. It's certainly helpful, and polite, to let a LL know what you plan, but be careful with your wording not to specify an end date. Keeping a LL informed informally is likely to help with a future reference.
    Thank you this thread has helped a lot I have been so stressed this weekend.  I have told them my plan and that I will let them know as soon as I know.  

    They told me I needed to give two months when I queried this the tone changed and they said although I didn’t need to give notice they would re list. At this point I stopped engaging.  Today I got a check out appointment.  
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