Help please so confused

diego_94

Try not to get yourself stressed, you aren't going to be homeless and now you know you hold all the cards. 

just stop engaging with them until you hand in formal notice. 

Oh and did I mention to change the locks? Seems like these are the type of people who will let themselves in.

boxer234

diego_94 said:

Try not to get yourself stressed, you aren't going to be homeless and now you know you hold all the cards. 

just stop engaging with them until you hand in formal notice. 

Oh and did I mention to change the locks? Seems like these are the type of people who will let themselves in.

Yes I have been worrying about that probably a good idea. 

canaldumidi

boxer234 said:

canaldumidi said:

boxer234 said:

canaldumidi 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.

.. Today I got a check out appointment.  

Whilst I generally agree with previous advice 'not to engage' further, I would respond to this with a polite but clear:

"Thank you for your letter/email (whatever) however please note firstly that the xth May (or whenever) is not convenient and b) that it is inappropriate to schedule this unless or until my tenancy has ended. Can I therefore suggest you cancelthis appointment so as to avoid wasting your check-out clerk's time.

Yours sincerely Mr(s) Boxer.

And as advised, change the locks. All you need is around £5 and a screwdriver. Keep the old lock or barrel and put it back when you leave.

https://www.youtube.com/watch?v=VXAo7zSN-9o

https://www.youtube.com/watch?v=IIPyqtOmprE

boxer234

canaldumidi said:

boxer234 said:

canaldumidi said:

boxer234 said:

canaldumidi 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.

.. Today I got a check out appointment.  

Whilst I generally agree with previous advice 'not to engage' further, I would respond to this with a polite but clear:

"Thank you for your letter/email (whatever) however please note firstly that the xth May (or whenever) is not convenient and b) that it is inappropriate to schedule this unless or until my tenancy has ended. Can I therefore suggest you cancelthis appointment so as to avoid wasting your check-out clerk's time.

Yours sincerely Mr(s) Boxer.

And as advised, change the locks. All you need is around £5 and a screwdriver. Keep the old lock or barrel and put it back when you leave.

https://www.youtube.com/watch?v=VXAo7zSN-9o

https://www.youtube.com/watch?v=IIPyqtOmprE

Thank you that is helpful.  

RAS

The EA get money by forcing you and the LL to agree to a new fixed term agreement. They get nothing from either of you if you just roll-over to periodic tenancy. Hence the EA's interest in getting you or your successor to make the regular annual payment expected by their financial plan.

Tough luck.

bbat

Please change the locks. I've had both LL and letting agent let themselves into property (or give keys to random contractor). This was in the past and I had no clue of our rights as tenants (don't think out LL did either). I'd have felt much safer if I had changed the locks. 

boxer234

bbat said:

Please change the locks. I've had both LL and letting agent let themselves into property (or give keys to random contractor). This was in the past and I had no clue of our rights as tenants (don't think out LL did either). I'd have felt much safer if I had changed the locks. 

bbat said:

Please change the locks. I've had both LL and letting agent let themselves into property (or give keys to random contractor). This was in the past and I had no clue of our rights as tenants (don't think out LL did either). I'd have felt much safer if I had changed the locks. 

This is terrible how do they get away with it ? What rights do you have if they do try to enter even if you have changed the locks? 

canaldumidi

boxer234 said:

bbat said:

Please change the locks. I've had both LL and letting agent let themselves into property (or give keys to random contractor). This was in the past and I had no clue of our rights as tenants (don't think out LL did either). I'd have felt much safer if I had changed the locks. 

bbat said:

Please change the locks. I've had both LL and letting agent let themselves into property (or give keys to random contractor). This was in the past and I had no clue of our rights as tenants (don't think out LL did either). I'd have felt much safer if I had changed the locks. 

.... What rights do you have if they do try to enter even if you have changed the locks? 

Well if they try to enter after you've changed the locks either

1) they'll fail and go away, or

2) they'll force entry and you'll call the police - breaking and entering is a criminal offence.It might also be viewed as an attempt to make you end the tenancy contrary to the Protection from Eviction Act 1977 S1 (3).

If 1) above they could in theory apply to a court for an entry order, but you'd be able to object and they'd have to convince a judge entry is justified. So if, for example, the reason given was to allow viewings, and you informed the judge that the tenancy was ongoing and you'd not served notice, the judge would be unlikely to order access.

diego_94

Please keep us updated with how you get on, and come back if you have any further questions...

boxer234

diego_94 said:

Please keep us updated with how you get on, and come back if you have any further questions...

Thank you I will keep you updated.