Help Section 21 notice and woes

Debt_Free_Chick

imcarm wrote: »

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.

I do understand how you feel, but you must always take these verbal agreements with a pinch of salt. The only right you have is to occupy the property for the fixed period stated in the contract.

For the future, plan to have to move out at the end of the fixed period - so that if the LL asks you to stay on, that's a bonus. And if the LL does ask you to stay on, get another agreement for another fixed period (usually six months), otherwise the LL can give you two months notice on any rent day.

imcarm

Hi there,

The Tenancy started on 7th Sep 2007:
Agreement.
Tenancy date: This agreement is made the 7th September 2007

Term: The Tenancy is for a period of 6 months commencing on 7th September 2007 expiring on 6th March 2008

Agreed Rent: It is hereby agreed that six months rent of £*** i.e £**** is to be paid in advance without any deductions whatsoever, on the 7th day of September 2007. After the six months a rent of £*** is due on the 7th day of each month, if applicable.

Now the Notice requiring possession (section 21) dated 20th December 2007, we are required to give two months' notice ending the last day of your tenancy, the date you should vacate the property is 23rd february 2008.

Is this enough information?

Thanks for all the help, I'm not venting my anger I just want to make sure I'm not being taken for a fool

Debt_Free_Chick

imcarm wrote: »

Hi there,

The Tenancy started on 7th Sep 2007:
Agreement.
Tenancy date: This agreement is made the 7th September 2007

Term: The Tenancy is for a period of 6 months commencing on 7th September 2007 expiring on 6th March 2008

Agreed Rent: It is hereby agreed that six months rent of £*** i.e £**** is to be paid in advance without any deductions whatsoever, on the 7th day of September 2007. After the six months a rent of £*** is due on the 7th day of each month, if applicable.

Now the Notice requiring possession (section 21) dated 20th December 2007, we are required to give two months' notice ending the last day of your tenancy, the date you should vacate the property is 23rd february 2008.

Is this enough information?

Thanks for all the help, I'm not venting my anger I just want to make sure I'm not being taken for a fool

It's not valid. The last day of your tenancy is 6 March 2008. He cannot ask you to leave before then.

And he cannot issue you with notice to quit and vacate on 6 March, either - he had to do that no later than 6 January.

All he can do is to issue another notice now .... giving you two months notice from the date of that letter.

Or you could sit it out until 23 February, doing nothing. Then, on 23 Feb tell him his notice was not valid. He'll then need to issue another one, giving two months notice from the date of the letter. And if his letter of notice is dated after 7 March, the two months' notice in that letter runs from the next rent day i.e. it can't start until 6 April

imcarm

We moved in on the 6th September, I see your point - we may have earned a further 2 months to find another place.

This must be the fault of the Agent, as the issued the section 21 - This will impress the landlords

Tassotti

Legally, the above post is correct, and will give you another two months to look for somewhere else, but if you're gonna go, you're gonna go.

Plenty of time to find somewhere else.

Landlord has his own reasons to want a vacant property, and it is none of my, yours or anyone elses' business.

You found a LL that would take on you, no matter what your past, and I am sure you will again (hopefully...I wouldn't let you even view one of my properties, but thats just me)

Make provisions to move and good luck

Tass

Tassotti

imcarm wrote: »

We moved in on the 6th September, I see your point - we may have earned a further 2 months to find another place.

This must be the fault of the Agent, as the issued the section 21 - This will impress the landlords

However, if the mistake has been realised, a new S21 can be re-issued today and you will still need to be out by the 6th March

PasturesNew

What was said above. If you signed an agreement for 6 months, then the property is yours for the full 6 months and the landlord cannot give you 2 months' notice within this time.

His first chance to give you notice will have been on/before the January rent date, which would be notice to leave on 6 March.

So you are there until 6 March. You do not have to let the landlord in; you most certainly do not have to let the landlord in to decorate; and no way do you have to let potential new tenants in to view the property.

Until 6 March that property is yours to have quiet enjoyment of and they can all go swivel.

As your Section 21 is not legal, you can disregard it. If you say nothing then you are buying yourself extra time as he has to give you two whole months' notice from a rent date. So even if he gave it today it wouldn't start the 2 months countdown until your next rent date so even if it happens in the next 10 minutes you would be there until 6 April.

So, the best thing you can do is channel your energies into finding a new place with your new AST starting on 4/5 March. Give yourself a day or two to get your stuff over/sorted and go back to clean up. But don't hand the keys back in. You have PAID until 6 March and it is yours.

moneysavinmonkey

imcarm wrote: »

Hi there,

The Tenancy started on 7th Sep 2007:
Agreement.
Tenancy date: This agreement is made the 7th September 2007

Term: The Tenancy is for a period of 6 months commencing on 7th September 2007 expiring on 6th March 2008

Agreed Rent: It is hereby agreed that six months rent of £*** i.e £**** is to be paid in advance without any deductions whatsoever, on the 7th day of September 2007. After the six months a rent of £*** is due on the 7th day of each month, if applicable.

Now the Notice requiring possession (section 21) dated 20th December 2007, we are required to give two months' notice ending the last day of your tenancy, the date you should vacate the property is 23rd february 2008.

Is this enough information?

Thanks for all the help, I'm not venting my anger I just want to make sure I'm not being taken for a fool

Perfect.

Just one more thing to check - it is definitely an "Assured Shorthold Tenancy" . If so then the minimum term is 6 months and you can not be forced to leave early. If you are on a AST it is a STATUTORY RIGHT (ie overrides anything in your contract or verbally agreed) that you must get two months written notice. the two month period of notice must coincide with a rental period and can not end before the end of the fixed term. Therefore the notice is invalid.

The landlord /agents must issue you with a new valid notice before the 6th February in order to give you notice to leave by the 6th April.

If they don't do anything by the 6th Feb, then the earliest they ask you to leave by is the 6th May (so you may want to keep quiet for a bit!)

I would say nothing for now and get advice from CAB or Shelter. Then send a recorded letter to the agents sometime after the 6th Feb saying that the section 21 is invalid, and as you have not been served a valid possession notice you will not be vacating the property. As long as you continue to pay your rent on time you are now on a STATUTORY PERIODIC TENANCY. You can get shelter to write this letter for you I believe.

to be honest, in these situations sometimes it is not worth the stress holding out for as long as possible so concentrate your efforts into finding a new home. good luck. x

moneysavinmonkey

Tassotti wrote: »

However, if the mistake has been realised, a new S21 can be re-issued today and you will still need to be out by the 6th March

this is wrong.. in order to be out by the 6th March, the s21 would have to have been issued by the 6 January -it's too late for that now!

tsk tsk Tassotti- are you a landlord??

Tassotti

moneysavinmonkey wrote: »

this is wrong.. in order to be out by the 6th March, the s21 would have to have been issued by the 6 January -it's too late for that now!

tsk tsk Tassotti- are you a landlord??

oops!! you are correct.my mistake....Friday afternoon, and I have taken my employees down the pub for an afternoon off. lol