Help Section 21 notice and woes

imcarm

Need some advice please, I have been renting a property on a 6 month contract with my partner and 2 year old son. I rented the property through an estate agent, they did their usual credit checks and my partners bankruptcy meant I had to pay the deposite and 6 months rent up front, I was told if I did this then I could move on to a normal rental agreement after the 6 month period.

In December with had a section 21 notice and have to be out of the property by Feb 23rd (we have not been bad tennants) - The Landlords suddenly want to redecorate so we have to move out.. But the Agent has put the property back up for rent and new tennants can move in by the end of Feb.. Is the normal practice?

We have been struggling to find another place due to the bankruptcy and really don't know what else to do, we had our heart set on another place, but the credit check failed so we have to look elsewhere..

Help..!!!

PasturesNew

It does seem odd that he's turfing you out to get others in.
Have you had contacted the agent to find out why he's doing this?

It doesn't seem to make sense as the landlord will be paying extra to get the new people in (IF he can find others) AND he's going to the effort of redecorating.

Have you had contact with the agent/landlord since you moved in? Have you done anything they weren't happy about?

I'd say it's not normal. Most landlords like it when good tenants stay on as it's no hassle, there's no void and no extra cost to them.

Ask the agent, he's the only one who can tell you why.

speedtwin

Does your contract state the rent is due monthly or six monthly?

imcarm

PasturesNew wrote: »

It does seem odd that he's turfing you out to get others in.
Have you had contacted the agent to find out why he's doing this?

It doesn't seem to make sense as the landlord will be paying extra to get the new people in (IF he can find others) AND he's going to the effort of redecorating.

Have you had contact with the agent/landlord since you moved in? Have you done anything they weren't happy about?

I'd say it's not normal. Most landlords like it when good tenants stay on as it's no hassle, there's no void and no extra cost to them.

Ask the agent, he's the only one who can tell you why.

The agent states it a change of circimstance, but refuses to tell us why they want us out. I don't think they know why if I'm honest.

PasturesNew

Somebody's lying.

imcarm

speedtwin wrote: »

Does your contract state the rent is due monthly or six monthly?

We were put on a temporary six month contract which was paid in full - A direct debit agreement was set up to start taking the rent each month, this was agreed before we moved in. It feels like we have done something wrong, but the agent states that this is not the case.

imcarm

PasturesNew wrote: »

Somebody's lying.

It's either the Agent or the Landlord, I am telling the truth 100% - If I did something wrong I would understand, or I would like to be told if I have done something wrong.

Does the Agent make a profit if they get new tenants in, I assume they do?

subjecttocontract

Unfortunately for you there is nothing you can do.

A section 21 notice can be issued by the landlord to regain possession of the propertry AFTER the initial AST agreement ends and no reason needs to be given.

Put your efforts into finding somewhere else.

imcarm

subjecttocontract wrote: »

Unfortunately for you there is nothing you can do.

A section 21 notice can be issued by the landlord to regain possession of the propertry AFTER the initial AST agreement ends and no reason needs to be given.

Put your efforts into finding somewhere else.

So, getting me to pay 6 months upfront was a big bonus, then telling a little white lie about extending the contract after the 6 months (even after taking DD details) - The agent certainly know all the loopholes by the looks of things.

subjecttocontract

I'm not supporting the agent or landlords actions, I'm just providing you with the facts.

I assume that the S21 is effective at or after the end of your initial 6 month AST ? It would not be legal if it were to take effect during the inital 6 month contract.

You said that the request for 6 months rent in advance was due to your partners bankrupcy.......and is not unusual . The deposit you paid woud have been paid in advance anyway, regardless of your circumstances. Promises made can always be broken and it looks like thats whats happened in this case with regard to future monthly payments.

Funnel your anger and energy into finding your next property. No attempt at arguing the case will win as the landlord appears to have the law on his side.

Good luck.

moneysavinmonkey

As with other posters, I think the law is on your landlords side - AST doesn't really give much security these days unfortunately. Hard to know exactly what your landlord is up to - perhaps he wants to move a family member or friend in - that has happened to me before (and they redecorated after we left too as well, bloomin cheek!)

I didn't quite understand from your post the exact situation - are you saying the landlord wants you out before the end of the two month notice period? In order to be certain of when you absolutely must leave by you need to tell us what date your tenancy started, as the two month period must begin on a rental period. So please let us know and we can advise further.

Also, even though your landlord has served notice they can't physically remove you if you don't move out so you may have a bit of extra time to find somewhere else. It's best to get some qualified advice on this though - I would start with Shelter as they really know there stuff and in my experience are always happy to help: Free housing advice helpline
0808 800 4444

Have you asked your current letting agents if they have any other suitable properties, as presumably you have already passed their credit check? Can you offer to pay rent up front again? Also try looking for private lettings in local newspaper or internet, as often a credit check isn't required. Are you on the list for council housing + have you told them you are going to be made homeless?