Ending Contract - 6 Month Contract

dranzer01

As per attached

canaldumidi

dranzer01 said:

I moved in 25/02/2022

I received email that they want to terminate tenancy I believe 19/06/2022 irrelevant

I received the letter S21 Notice 22/06/2022 with expiry date 24 August

I am on a 6 month AST tenancy agreement, I believe there is no break clause, whereby the tenancy end date is 24/08/2022

Sorry - my earlier comments on validity confused the two date criteria.:

1) S21 cannot be served in 1st 4 months

2) S21 must expire a) 2+ months after service and b) not before end of fixed term.

1) 4 months from 25/2/22 is 24/6/22 so if S21 served on 22/6/22 it is invalid. I also note the S21 is dated 20/6/22 so if posted 1st class the same day service would indeed have been 2 days later ie 22/6/22.

2) expiry date aligns with end of fixed term 24/8/22 so valid from that point of view.

dranzer01

I will be maintaining rent payments and residence until I receive court papers to vacate. In the interim, I will be looking for alternate residence for late 2022

TripleH

Probably the best approach. Not ideal but it gives you chance to find an alternative.

Hopefully you'll find somewhere as suitable to your needs as you can.

Robbo66

dranzer01 said:

I will be maintaining rent payments and residence until I receive court papers to vacate. In the interim, I will be looking for alternate residence for late 2022

The date at the bottom left of the notice is irrelevant what is important is the expiry date and when you receive it. If you received it on the 22nd but your tenancy started on the 25th it is invalid as you should have had it on or after the 25th, however you say you are in arrears. So if the landlord decides to take this to court there is a chance the judge could still give possession to the Landlord a slim one but still a chance especially if you have any arrears. if that happens the landlord could make an application for a CCJ against you and if he doesn't he still has 6 years to reclaim the debt and that can take the form of a CCJ or even more extreme apply to make you bankrupt.

As you are looking for somewhere else to rent you may also need a reference from the Landlord and at this point he may well not give one so again that will make renting a new place difficult.

Is it really worth fighting over a couple over days and getting yourself in to a situation that could make your life difficult for at least the next 6 years.

dranzer01

I wont be in any form of arrears when I leave that is guaranteed - there was just a blip in the early part (mainly due to the issue stated in here / issue with myself getting paid from work which in turn had a knock on effect).

However, now that everything has been cleared up in here and it has been corroborated to be invalid , i will still be paying rent but if it does go to the court stage and I havent found anywhere else to move to, then I will be using/well within my rights to say it was invalid, they need to re-issue

Robbo66

But you will still need a reference and one of the question asked is if the tenant has ever had any arrears and also would you re let to them again, if the agent/landlord answer yes and no respectively the chances of securing a property will be hard. for that sake of a couple of days why not just point out the Sec 21 is invalid but agree to leave on the proviso they give you a good reference. 

dranzer01

Many thanks,

The reference situation or issue is not a problem for me. It would be everything else outlined in this thread which I am taking concern with, which will be sorted out

dranzer01

The agency have contacted me informing me 'since as they are now looking to remarket the property, they would like to book in a photographer to take pictures'

How do I rebut this email informing them I will be looking to stay on exactly? I was actually looking to inform them around 22-23rd August, but since as this email has come through now, I guess I need to tell them now.....?


(I have also received a 'checking out' email informing me they will be coming on 24th August to aid in the check out process as well)

DE_612183

If you don't intend moving out on the 24 th - I'd advise them of that.
I don't think you can refuse the landlord or his agent access providing they give notice.

Is the reason the LL doesn't want you to stay on the arrears?
Have they now been cleared?