Eviction query

ForQP

Hi,

A few days ago I received an email from my Landlord, stating that he wanted to sell the house and was giving me 2 months notice to move out. Attached to the email was a current gas safety certificate and an energy performance certificate. I have now started the process of looking for a new property to rent but I was wondering if any one could tell me the next steps in the process with my current landlord. Will there be any forms that I have to sign? I do know that my deposit was put in a deposit protection scheme but there was no mention of it in the email. Is this something that I will need to chase up myself or is that the landlords responsibility?

Any information would be really helpful.

Thanks

saajan_12

Always wise to start looking for somewhere and if you find something suitable then SERVE YOUR OWN NOTICE and leave accordingly, or negotiate a mutually convenient date with the LL. Their notice doesn't technically end the tenancy and you don't want to be stung for more rent. The deposit return only starts once you've left - ask for it back and if they don't play ball then claim it from the deposit scheme. They don't have to do anything now.

Depending on how long that takes, you might want to find ways to stall the LL's eviction or poke holes in the validity. There are several criteria and hoops LL's have to get right for a Section 21 so there could be gaps there that mean they could have to start again with the notice.

born_again

Just remember that if you do not find anywhere they can not kick you out in 2 months, they would then have to go to court to remove you.

ForQP

Thank you for your reply.

section 21? There was no mention of this in the email so I will look into that.

monkey-fingers

https://forums.moneysavingexpert.com/discussion/comment/81902146#Comment_81902146

Oh blimey. Your Landlord could be in a load of pain here. Depends how much you want to stay there for a while.

After 1st May, they need to give 4 months notice via an S8.

Either way, nothing to sign.

When is your rent due? As long as you give 1 full rental period (i.e. from the day your rent is due), you can move out before.

Brie

As I understand it Section 21 is a specific form that needs to be sent to you. It will set out the date you are expected to leave. What is normally advised is to begin looking for alternative accommodation which you're doing. And then let the days tick by and on the last possible day tell the landlord what they haven't properly done (possibly info on you deposit?) and then they will need to correct that and issue the S21 again and give you another 2 months.

Talk to someone from Shelter. Section 21 eviction - Shelter England

ForQP

https://forums.moneysavingexpert.com/discussion/comment/81902309#Comment_81902309

My rent is due at the end of each month.

ForQP

https://forums.moneysavingexpert.com/discussion/comment/81902385#Comment_81902385

I received an Email to say that my Landlord had decided that they were going to sell the property and that they were giving me 2 months notice, so that I was out of the property by the end of April.

Attached to the email was a gas safety certificate, an EPC and a How to rent guide. There was no section 21 form or any mention of my original deposit. I also paid a months rent in advance too but there was no mention of that either.

saajan_12

https://forums.moneysavingexpert.com/discussion/comment/81902595#Comment_81902595

Okay so they might get their act together and then serve the S21 notice before 1 May (2 months), or S8 notice after (4 months). No real benefit to you in letting them know, as it buys you time. For now just an informal heads up, but you may as well start looking as they'll probably figure it out eventually, that way you can leave on your terms.

Re the advance rent, to confirm you paid 3x the monthly rent on or before move in, ie deposit + first month + last month? If so, you don't pay rent at the start of your final month, they can't make you pay it and then get it refunded as that would be a deposit. Neither the advance rent nor deposit need to be mentioned now, as long as the deposit was already protected (if not you can dispute their notice if / when it gets to court).