PLEASE READ BEFORE POSTING
Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.Landlord selling / sold house need some legal advice
Options
Comments
-
The OP entered a 6 month short assured tenancy knowing that after the 6 months it became a rolling contract with 2 month notice to vacate.How about you actually find out what the law says before commenting? It's not difficult.
All you are suggesting is he looks for a loophole to bypass or delay that. At best it is un ethical because he AGREED to the contract with 2 month notice, so he should now abide by it.
Why do you think it is right that he should not move out and seek ways to delay it like seeking an eviction order?
Surely he will sooner or later want to rent another place, and will want a reference. Refusing to move out and waiting for a court eviction order will not get him a good reference and will make it hard to find another tenancy, and could end up with the OP homeless so that is very bad advice.
I would not let to a tenant who I knew had previously refused to vacate.0 -
The OP entered a 6 month short assured tenancy knowing that after the 6 months it became a rolling contract with 2 month notice to vacate. - nowhere does it say you have two months to vacate.
All you are suggesting is he looks for a loophole to bypass or delay that. - not a loophole. ONLY a court or a tenant can end a tenancy, that is the law. At best it is un ethical because he AGREED to the contract with 2 month notice, so he should now abide by it. - I don't care about your ethics.
Why do you think it is right that he should not move out and seek ways to delay it like seeking an eviction order?
Because the law says that a tenancy exists until either the tenant gives notice and leaves, or a court gives and order and it is enforced.
edit: you're a landlord, or is that just a 'what would you do' moment?0 -
You have these ideas about criminal law and ethics... they're just your ideas, I'm afraid.The OP entered a 6 month short assured tenancy knowing that after the 6 months it became a rolling contract with 2 month notice to vacate.
All you are suggesting is he looks for a loophole to bypass or delay that. At best it is un ethical because he AGREED to the contract with 2 month notice, so he should now abide by it.
Why do you think it is right that he should not move out and seek ways to delay it like seeking an eviction order?
The law is totally clear. The OP does not have "a rolling contract with 2 month notice to vacate". The OP has a periodic assured shorthold tenancy, and the landlord cannot end this. If the landlord wants possession of the property, the process is for them to serve notice seeking possession, then apply to court for a possession order; if all is in order, the court will then set a date at which the tenancy will end and the landlord will regain possession. That is how the process has been designed to work, and nobody here is suggesting the OP does anything other than follow it - so no criminality or unethical behaviour is being suggested.0 -
Perhaps it is different here in Scotland. A tenancy exists until either the landlord gives 2 months notice, or the tenant gives 1 months notice.Because the law says that a tenancy exists until either the tenant gives notice and leaves, or a court gives and order and it is enforced.
Even under the new rules here that give the tenant more rights, the LL wanting possession to sell, or to occupy himself is still a valid reason to serve 2 months notice.0 -
Perhaps it is different here in Scotland. A tenancy exists until either the landlord gives 2 months notice, or the tenant gives 1 months notice.
Even under the new rules here that give the tenant more rights, the LL wanting possession to sell, or to occupy himself is still a valid reason to serve 2 months notice.
No it's the same. NOWHERE IN THE UK can a landlord end a tenancy - does that help?0 -
No, it's not significantly different in Scotland. In fact, in Scotland, the "notice to quit" isn't even valid unless it makes clear to the tenant that they don't have to leave until a court tells them to!!Perhaps it is different here in Scotland. A tenancy exists until either the landlord gives 2 months notice, or the tenant gives 1 months notice.
Even under the new rules here that give the tenant more rights, the LL wanting possession to sell, or to occupy himself is still a valid reason to serve 2 months notice.0 -
All you are suggesting is he looks for a loophole to bypass or delay that. At best it is un ethical because he AGREED to the contract with 2 month notice, so he should now abide by it.
I would argue it's much more unethical to give a tenant a shoddy kitchen with rats, enter into an agreement with the tenant that they can replace the kitchen, and then a few months later sell the house from under them profiting from the kitchen the tenant fitted without reimbursement. Illegal no. Unethical yes.Despite my name, I'm not a student any more0 -
The OP entered a 6 month short assured tenancy knowing that after the 6 months it became a rolling contract with 2 month notice to vacate.
All you are suggesting is he looks for a loophole to bypass or delay that. At best it is un ethical because he AGREED to the contract with 2 month notice, so he should now abide by it.
Why do you think it is right that he should not move out and seek ways to delay it like seeking an eviction order?
Contract work's BOTH way's two people and / or entities/parties agree to the contract it takes BOTH parties to keep to it / abide by it not just the one party/entity (in this case Myself)
Landlord needs to abide by the contract also
And I know for a FACT the LL has NOT abided by the contract and according to the S21 Checklist tool that was kindly provided by G_M (Thanks for that btw G_M is appreciated) the S21 they will serve will be INVALID (will not say why that is the case in public because do not know who is watching / reading)Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0 -
You may as well, there's only so many reasons why.Keto_Plastics wrote: »Contract work's BOTH way's two people and / or entities/parties agree to the contract it takes BOTH parties to keep to it / abide by it not just the one party/entity (in this case Myself)
Landlord needs to abide by the contract also
And I know for a FACT the LL has NOT abided by the contract and according to the S21 Checklist tool that was kindly provided by G_M (Thanks for that btw G_M is appreciated) the S21 they will serve will be INVALID (will not say why that is the case in public because do not know who is watching / reading)
It's probably better for someone here to confirm you're right, than for you to think you're right and be wrong.0 -
The landlord doesn't have to reimburse you for upgrading the kitchen, but you might as well ask. Its a reasonable request.
It would also be a good idea to approach the landlord/agent and explain that you need the deposit back in order to pay for a deposit on a new property.
Explain that you would need a new deposit to move for somewhere else, as you have just upgrade the kitchen, and that you will not be able to move out on the date requested if you cannot afford to do so.
You could suggest that the landlord agrees to get the deposit released shortly before the end of the tenancy, or that he reimburses you for the cost of upgrading to the kitchen.
Going forwards, you should assess your financial circumstances. Everyone above the age of 21 or so should have a buffer for situations like this. Letting yourself be in a situation where you couldn't afford a month's deposit is most unwise.0
This discussion has been closed.
Categories
- All Categories
- 343.2K Banking & Borrowing
- 250.1K Reduce Debt & Boost Income
- 449.7K Spending & Discounts
- 235.3K Work, Benefits & Business
- 608K Mortgages, Homes & Bills
- 173.1K Life & Family
- 247.9K Travel & Transport
- 1.5M Hobbies & Leisure
- 15.9K Discuss & Feedback
- 15.1K Coronavirus Support Boards