Served my eviction notice

mcgreevy1993 · 4 December 2017 at 9:27PM

My landlord very kindly went to the letting agency today and told them to serve us our 2 month notice period for February the 6th. (It is the season right before Christmas)

We really like the area we live in and the apartment block, and luckily there is a flat with our agent that went up for rent this month.

Our agent had said the landlord will not let us leave earlier than the 6th - but do we have any ground of negotiation to stand on here?

Also, in terms of the new flat, we are now looking at having to rent two places at once for the month cross over - but how does work in terms of bills? Council tax??

Can anyone offer some advice please. We've only been here 4 months so obviously we're gutted that now we're finally settle down she's taking the property back

Slithery · 4 December 2017 at 9:33PM

Are you still in your fixed term, or are you on a rolling contract?

It may be possible that you can give your 1 months notice to leave on the 6th of Jan, but this all depends on your contract.

If you're in possession of two properties simultaneously then of course you're liable for both sets of bills.

If you want a definite answer then we need more information, not least the start date and terms of your current contract.

troffasky · 4 December 2017 at 9:43PM

mcgreevy1993 wrote: »

we are now looking at having to rent two places at once for the month cross over

Why do you need to have such a large overlap?

mcgreevy1993 · 4 December 2017 at 9:52PM

We're in a 6 month tenancy, (due to end Feb 6th)
The other flat is available now, so we can only push it back a couple of weeks. Both landlords aren't willing to negotiate much on move in and out dates, to the point the landlord of our current property has said it's set on the 6th.

I just wanted to clarify this because I'm quite happy with providers I'm with and would simply just do a change of address with them. Annoyingly I just had my meter here changed after 4 months of being on an old one that had been "phased out" and now I have to leave !!

ThePants999 · 4 December 2017 at 10:01PM

There's not really all that much to say. Your options are:
- Forget about this flat - wait until closer to the move-out day, THEN find one, so you don't have a significant overlap. Is staying in the same block really so important?
- Accept the overlap. Yes, you'll be liable for council tax and utilities on both properties during the overlap, but (a) the council may offer you a discount (perhaps even 100% for a month) on the property that's empty, and (b) utility bills aren't high on a property nobody's living in.
- Find some leverage to negotiate with one landlord or the other. Hopefully you're aware that you don't actually have to move out on the 6th Feb - that's the date after which the landlord can apply to court for possession, a process that could take months. So, if you wanted to go nuclear, you could tell your current landlord that unless they're willing to agree an early surrender so you can take this property that's available now, you're going to stay in the property after the notice expiry, and make them go through the hassle of the full process, while you wait for something else to come up.

pinkshoes · 4 December 2017 at 10:07PM

Why does your LL want you out after just 6 months?

The S21 is an in invitation to leave. You do not HAVE to leave on this date. The LL cannot MAKE you leave until he gets a court document saying so...

I would be tempted to let them know that you want to stay in the block, but not willing to pay the overlap, so will just hold on for now until you find somethiht else suitable, even if that means staying on past 6th Feb.

G_M · 4 December 2017 at 10:16PM

Your fixed term ends on 6th Feb so unless you and the LL are flexible and agree, you can't leave earlier.

However, the S21 Notice does not end the tenancy. Only a court can do that. So you can remain there beyond the 6th and the landlorrd would then have to use the S21 to apply to court for possession. That would likely take weeks.

The advantage is it might gve you time to wait for another flat to become available.

the downside is you might have to pay the court costs.

mcgreevy1993 · 4 December 2017 at 10:29PM

Flats are with same letting agency so can imagine they'd make things hard if I tried to surrender contract.

We like the block because of the area, location to transport links and after 4 months we're quite happy here and don't really want hassle of moving out and looking around, my boyfriend will be in stressful stage of his teaching training course and I'm in contract work with my contract up for renewal on the same date as my eviction

so not best time to be looking for work and a flat. In laws have agreed to help because they come up to visit from down south and enjoy the area. We are very lucky to have support but also just annoyed they have asked for property back after only 4 months of us moving in.

I am going to try and negotiate with both parties but I think new landlord would be easiest. No one wants to move over Christmas so would be easier to give new tenancy a push into January and also overlap would give us chance to do deep clean of current property to secure our deposit.

It was more just the bills really! Hopefully council will take pity on me, should I just call them if I manage to take on new property and explain?

mcgreevy1993 · 4 December 2017 at 10:32PM

And to answer why they want it back we have no idea! We tried to question it, but they didn't give a reason and we only speak to agent. She just came in and asked them when the tenacy was up for renewal and signed the s21 for the same date and we got an email at the end of the working day saying we've got 2 months lol...

getmore4less · 4 December 2017 at 11:15PM

And to answer why they want it back we have no idea! We tried to question it, but they didn't give a reason and we only speak to agent. She just came in and asked them when the tenacy was up for renewal and signed the s21 for the same date and we got an email at the end of the working day saying we've got 2 months

same agent as the potential new place, all looking very dodgy.

it's all about more fees until you get independent evidence otherwise

get in touch with the landlord ASAP for their story.

franklee · 4 December 2017 at 11:23PM

Are you sure it's your landlord wanting you to leave and not the agent wanting more fees?

If the landlord really does want you to leave I would negotiate with both landlords see if you can get both to move a bit on dates. For the existing landlord say either you take this other flat or you will have to overstay the S21 notice until you can arrange an alternative so they will not get their flat back on February 6th.

That it's the same agent shouldn't count against you as they will be wanting their fees to let the new flat. They will be more concerned at keeping that landlord happy than your current one who presumably will no longer need their services? That's assuming your current landlord wants the flat back and are not going to re-let?

Also the agent will not want the hassle of an angry landlord facing court to evict you. So time to pal up to the agent, explain to them the problems you are having and try to get them to assist making a deal.

As for the bills, do the flats come furnished or unfurnished? If unfurnished then in some councils the council tax is less for the unoccupied and unfurnished one and you let them know on which date you move from one to the other. So worth checking what your council does. Other bills like electricity you will have to pay both during any overlap.

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Served my eviction notice

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