Final Rent Amount

TanyaCD44

Hi all

I've been given notice to quit my privately rented property under a Section 21 notice, it has been confirmed by my local housing authority that it is illegal, which is irrelevant at this stage. 

It was a fixed term assured agreement which turned into a rolling monthly contract, I pay my rent a month in advance on the last day, the notice period ends on the 13th. Obviously I have no intention of leaving then, until they get a possession order.

My question is, on that final month end should I only pay rent up to the end of the notice period, paying the remainder of that month when I inform them I'm not moving out, or, pay the full month up front?

_Penny_Dreadful

TanyaCD44 said:

Hi all

I've been given notice to quit my privately rented property under a Section 21 notice, it has been confirmed by my local housing authority that it is illegal, which is irrelevant at this stage. 

It was a fixed term assured agreement which turned into a rolling monthly contract, I pay my rent a month in advance on the last day, the notice period ends on the 13th. Obviously I have no intention of leaving then, until they get a possession order.

My question is, on that final month end should I only pay rent up to the end of the notice period, paying the remainder of that month when I inform them I'm not moving out, or, pay the full month up front?

You are contractually obligated to pay the full amount as per your tenancy agreement. 

The section 21 you’ve been issued is invalid, not illegal. There’s no law preventing a landlord from issuing a section 21, invalid or otherwise. 

Robbo66

TanyaCD44 said:

Hi all

I've been given notice to quit my privately rented property under a Section 21 notice, it has been confirmed by my local housing authority that it is illegal, which is irrelevant at this stage. 

It was a fixed term assured agreement which turned into a rolling monthly contract, I pay my rent a month in advance on the last day, the notice period ends on the 13th. Obviously I have no intention of leaving then, until they get a possession order.

My question is, on that final month end should I only pay rent up to the end of the notice period, paying the remainder of that month when I inform them I'm not moving out, or, pay the full month up front?

Why have they deemed it "illegal" or invalid which is the correct term

TanyaCD44

Robbo66 said:

TanyaCD44 said:

Hi all

I've been given notice to quit my privately rented property under a Section 21 notice, it has been confirmed by my local housing authority that it is illegal, which is irrelevant at this stage. 

It was a fixed term assured agreement which turned into a rolling monthly contract, I pay my rent a month in advance on the last day, the notice period ends on the 13th. Obviously I have no intention of leaving then, until they get a possession order.

My question is, on that final month end should I only pay rent up to the end of the notice period, paying the remainder of that month when I inform them I'm not moving out, or, pay the full month up front?

Why have they deemed it "illegal" or invalid which is the correct term

Semantics, it's an illegal eviction which is clearly what I meant. As stated that's irrelevant but for full disclosure no how to rent doc, no gas safety certificate, no electrical safety certificate 

TanyaCD44

_Penny_Dreadful said:

TanyaCD44 said:

Hi all

I've been given notice to quit my privately rented property under a Section 21 notice, it has been confirmed by my local housing authority that it is illegal, which is irrelevant at this stage. 

It was a fixed term assured agreement which turned into a rolling monthly contract, I pay my rent a month in advance on the last day, the notice period ends on the 13th. Obviously I have no intention of leaving then, until they get a possession order.

My question is, on that final month end should I only pay rent up to the end of the notice period, paying the remainder of that month when I inform them I'm not moving out, or, pay the full month up front?

You are contractually obligated to pay the full amount as per your tenancy agreement. 

The section 21 you’ve been issued is invalid, not illegal. There’s no law preventing a landlord from issuing a section 21, invalid or otherwise. 

So if it was a valid eviction notice would I have to pay 2 weeks rent when I wouldn't be living there? That doesn't seem logical 

Exodi

TanyaCD44 said:

Obviously I have no intention of leaving then, until they get a possession order.

Aside from the comments about that it would be 'Invalid' instead of 'Illegal' (I'm not sure the police will be putting the landlord in prison for not providing a how to rent booklet or whatever the issue was), why do you 'obviously' have no intention of leaving?

Is there some history between you two? Obviously it's not nice to be asked to leave, but deliberately having it dragged through the courts for the sake of it isn't nice either.

Unless you're hoping to be housed by the council, as I understand their typical advice is to stay put else you'd render yourself as 'voluntarily homeless' and they probably wouldn't support you.

If you have the means to move into another private rental, there's no reason you shouldn't at least look. Some people can be their own worst enemies in stressful situations by intentionally dragging them out.

"It's the principle" has got to be one of the most self-defeating phrases ever invented.

user1977

TanyaCD44 said:

Robbo66 said:

TanyaCD44 said:

Hi all

I've been given notice to quit my privately rented property under a Section 21 notice, it has been confirmed by my local housing authority that it is illegal, which is irrelevant at this stage. 

It was a fixed term assured agreement which turned into a rolling monthly contract, I pay my rent a month in advance on the last day, the notice period ends on the 13th. Obviously I have no intention of leaving then, until they get a possession order.

My question is, on that final month end should I only pay rent up to the end of the notice period, paying the remainder of that month when I inform them I'm not moving out, or, pay the full month up front?

Why have they deemed it "illegal" or invalid which is the correct term

Semantics, it's an illegal eviction which is clearly what I meant.

If they actually kick you out without a court order, that's an illegal eviction.

Exodi

TanyaCD44 said:

Robbo66 said:

TanyaCD44 said:

Hi all

I've been given notice to quit my privately rented property under a Section 21 notice, it has been confirmed by my local housing authority that it is illegal, which is irrelevant at this stage. 

It was a fixed term assured agreement which turned into a rolling monthly contract, I pay my rent a month in advance on the last day, the notice period ends on the 13th. Obviously I have no intention of leaving then, until they get a possession order.

My question is, on that final month end should I only pay rent up to the end of the notice period, paying the remainder of that month when I inform them I'm not moving out, or, pay the full month up front?

Why have they deemed it "illegal" or invalid which is the correct term

Semantics, it's an illegal eviction which is clearly what I meant. As stated that's irrelevant but for full disclosure no how to rent doc, no gas safety certificate, no electrical safety certificate 

Turning up with 2 big guys in vests with baseball bats in the middle of the night ordering you out the house without a court order 'or else' is an illegal eviction.

Serving an invalid S21 notice and doing nothing else (except possibly performing gas and electric safety checks so they are compliant) is not an illegal eviction.

It's not semantics, evicting tenants through no fault (e.g. if they decided they want to sell the house) is not illegal.

_Penny_Dreadful

TanyaCD44 said:

_Penny_Dreadful said:

TanyaCD44 said:

Hi all

I've been given notice to quit my privately rented property under a Section 21 notice, it has been confirmed by my local housing authority that it is illegal, which is irrelevant at this stage. 

It was a fixed term assured agreement which turned into a rolling monthly contract, I pay my rent a month in advance on the last day, the notice period ends on the 13th. Obviously I have no intention of leaving then, until they get a possession order.

My question is, on that final month end should I only pay rent up to the end of the notice period, paying the remainder of that month when I inform them I'm not moving out, or, pay the full month up front?

You are contractually obligated to pay the full amount as per your tenancy agreement. 

The section 21 you’ve been issued is invalid, not illegal. There’s no law preventing a landlord from issuing a section 21, invalid or otherwise. 

So if it was a valid eviction notice would I have to pay 2 weeks rent when I wouldn't be living there? That doesn't seem logical 

Even a valid Section 21 doesn't end the tenancy, that can only be done by the tenant or a court.  Usually the tenant would pay the full rent as per the tenancy agreement and then the landlord would refund the difference or the tenant could agree with the landlord to only pay up to the 13th on the proviso that they are definitely moving out on, or before the 13th.

You have no intention of moving out by the 13th, which is your right as per the Housing Act 1988, so you need to pay the full month.

Robbo66

TanyaCD44 said:

Robbo66 said:

TanyaCD44 said:

Hi all

I've been given notice to quit my privately rented property under a Section 21 notice, it has been confirmed by my local housing authority that it is illegal, which is irrelevant at this stage. 

It was a fixed term assured agreement which turned into a rolling monthly contract, I pay my rent a month in advance on the last day, the notice period ends on the 13th. Obviously I have no intention of leaving then, until they get a possession order.

My question is, on that final month end should I only pay rent up to the end of the notice period, paying the remainder of that month when I inform them I'm not moving out, or, pay the full month up front?

Why have they deemed it "illegal" or invalid which is the correct term

Semantics, it's an illegal eviction which is clearly what I meant. As stated that's irrelevant but for full disclosure no how to rent doc, no gas safety certificate, no electrical safety certificate 

Just to be clear it isn't an illegal eviction however the section 21 is invalid if the correct documents aren't served. The EICR doesn't the affect serving of a sec 21or it validity and all the landlord has to do is give you the other 2 to right the breach and re serve the notice. You will have to leave at some point so why not just take the moral high ground and find somewhere else to move to.

Ksw3

You will continue to benefit from the property, so you continue to pay for the property.