Leaving tenancy early following notice by Landlord

Leaving tenancy early following notice by Landlord

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minisonmars

Original Poster:

4 posts

183 months

Wednesday 23rd July 2014
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A friend of mine moved into a private rental property in March this year with a minimum 6 month term (to September 14).

They were given notice after 2 months that the landlord wants them out at the end of the 6 month period as the Landlord will be moving back in (there is a clause in the lease about the landlord moving back in).

They have been looking around for places to move into and found somewhere they would like to move to, however the new place will only 'reserve' the new place for a couple of weeks.

They approached the landlord asking to end the tenancy earlier to allow them to move, and have been told that they have to stay until the end of the 6 months.

Is this right? It seems unreasonable to give such a long notice period and effectively prohibit them from actually finding somewhere to move to.

TooMany2cvs

29,008 posts

126 months

Wednesday 23rd July 2014
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They signed an assured shorthold tenancy, for a minimum of six months. They've been told that that'll be it - no rolling on to a periodic at the end of that time.

All that's happening is that they're being asked to keep to the contract they signed.

edeath

333 posts

191 months

Wednesday 23rd July 2014
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I'm sure its frustrating but I think the landlord is being quite decent giving them 4 months notice rather than 1 to find a new place to live. They don't have to move into the first nice place they find....

Vaud

50,448 posts

155 months

Wednesday 23rd July 2014
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Sounds like a reasonable landlord, maximum notice possible, more than he has to give.

minisonmars

Original Poster:

4 posts

183 months

Wednesday 23rd July 2014
quotequote all
Thanks for the replies. I thought that might be the case.

I can see from the landlords side that it is what was agreed and being helpful with extra notice.

I think they are just frustrated that they are unable to do anything until nearer the end of the tenancy.

Burgmeister

2,206 posts

210 months

Wednesday 23rd July 2014
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Or...

The landlord already has a new tenant lined up for September (who has probably agreed to pay more than the current tenants) and so has issued a S.21 eviction notice ensuring that when the current fixed period ends he can obtain vacant possession for the new tenant.

In order to make this sound 'nicer' for the current occupiers he's dressed up as needing to move back in to the property (which if he has a BTL mortgage he isn't permitted to do anyway).

PurpleMoonlight

22,362 posts

157 months

Wednesday 23rd July 2014
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They don't have to stay living there, they just need to pay the rent due.

There is nothing stopping them renting both simultaneously for a month.

Rude-boy

22,227 posts

233 months

Wednesday 23rd July 2014
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PurpleMoonlight said:
They don't have to stay living there, they just need to pay the rent due.

There is nothing stopping them renting both simultaneously for a month.
This.

They are on the hook for the rent and utilities until the end date but have no requirement to live there. I've always moved to or from rented with usually a month overlap either side without issue.

ging84

8,890 posts

146 months

Wednesday 23rd July 2014
quotequote all
Does not sound like a reasonable landlord at all to me, seems like a fairly typical accidental landlord
2 months after letting to a tenant deciding they want to kick them out of their new home after 6 months so they can move back in.

The landlord has no obligation to allow the tenants to end the tenancy early, but at the same time regardless of the clauses of the tenancy the tenants have no requirement to leave their home unless evicted by the court. There is no such thing as a S 21 eviction notice, it's a notice to quit, only after this notice has expired and the tenants remain there can an eviction process begin, which can take months.
If the landlord wants his property back without a fight exactly at the end of the tenancy, then any sensible landlord would agree to an early end to the tenancy.

Rude-boy

22,227 posts

233 months

Wednesday 23rd July 2014
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Regardless of the terminology being used by those posting on this thread what I take from your post is:-

"How dare the Landlord let you a property for 6 months and then want it back at the end of that term. He should let you rent the Property for as long as it suits you and damn his needs and desires. Screw him over and stay put until the court orders you to leave."

You know all the threads about thieving bd landlords, would you like a clue as to why so many of them are very hard nosed these days?

Tenants were given more than the requisite notice and if the Landlord has let it to them for 6 months then they will have worked their finances out on that basis. Perhaps they are renting away from the area and can't afford to run the two side by side, being tied into their own rental contract.

Seriously I'm trying very hard not to make this sound like a personal attack but jez louise you have so twisted sense of what is right and what is wrong!

Vaud

50,448 posts

155 months

Wednesday 23rd July 2014
quotequote all
ging84 said:
Does not sound like a reasonable landlord at all to me, seems like a fairly typical accidental landlord
2 months after letting to a tenant deciding they want to kick them out of their new home after 6 months so they can move back in.

The landlord has no obligation to allow the tenants to end the tenancy early, but at the same time regardless of the clauses of the tenancy the tenants have no requirement to leave their home unless evicted by the court. There is no such thing as a S 21 eviction notice, it's a notice to quit, only after this notice has expired and the tenants remain there can an eviction process begin, which can take months.
If the landlord wants his property back without a fight exactly at the end of the tenancy, then any sensible landlord would agree to an early end to the tenancy.
Step down from high horse.

Tenants enter 6 month contract
Landlord due to whatever reason decides he needs house back at end of 6 month contracts
Landlord gives as much notice as possible to tenant so they can make plans for moving out at end of 6 months which is what they committed to.

Which bit is unreasonable?

TooMany2cvs

29,008 posts

126 months

Wednesday 23rd July 2014
quotequote all
Burgmeister said:
Or...

The landlord already has a new tenant lined up for September (who has probably agreed to pay more than the current tenants) and so has issued a S.21 eviction notice ensuring that when the current fixed period ends he can obtain vacant possession for the new tenant.

In order to make this sound 'nicer' for the current occupiers he's dressed up as needing to move back in to the property (which if he has a BTL mortgage he isn't permitted to do anyway).
It really doesn't matter why the landlord wants them out. He doesn't have to give any reason. They signed a binding contract for six months, and six months only. Yes, that contract includes the option for extension, so long as BOTH sides want it.

surveyor

17,817 posts

184 months

Wednesday 23rd July 2014
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On the face of it Tenant is being unreasonable. However we don't know what conversations have been in the past. I certainly remember one house where we'd asked about the landlords intentions to be told it was long term and he did not intend to return to UK. We were then told at the end of the first 6 months (we always do that sir....) that his contract had been extended by another 12 months so we were safe for that long.

Cheers - fking lying bking letting agent.

It's always worth asking the question - you never know it might suit the LL to end immediately, but if not it is tough.

Sir Fergie

795 posts

135 months

Wednesday 23rd July 2014
quotequote all
Vaud said:
Step down from high horse.

Tenants enter 6 month contract
Landlord due to whatever reason decides he needs house back at end of 6 month contracts
Landlord gives as much notice as possible to tenant so they can make plans for moving out at end of 6 months which is what they committed to.

Which bit is unreasonable?
Its not that its unreasonable - but its all part of the faffing about that's involved in renting accommodation at times.

I got SERIOUSLY bored at one point of having to move houses EVERY 12 months on average from around 2002 to 2007 - because the Landlord wanted to sell up.

No problem with been given notice - but don't get all huffy puffy if the tenant then finds a new place ahead of time and wants to move in there.

daveky

148 posts

142 months

Saturday 26th July 2014
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ging84 said:
Does not sound like a reasonable landlord at all to me, seems like a fairly typical accidental landlord
2 months after letting to a tenant deciding they want to kick them out of their new home after 6 months so they can move back in.

The landlord has no obligation to allow the tenants to end the tenancy early, but at the same time regardless of the clauses of the tenancy the tenants have no requirement to leave their home unless evicted by the court. There is no such thing as a S 21 eviction notice, it's a notice to quit, only after this notice has expired and the tenants remain there can an eviction process begin, which can take months.
If the landlord wants his property back without a fight exactly at the end of the tenancy, then any sensible landlord would agree to an early end to the tenancy.
Simple answer. If they don't like it just buy a house of their own! Should be especially easy if it's two incomes.

Big_Dog

974 posts

185 months

Saturday 26th July 2014
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They both signed a contract for six months on a pretty standard AST. The LL could have waited until month 4 or 5 of the contract before giving them notice. He didn't though he was nicer than that.
I wish some of my tenants would afford me 4 months notice.

eccles

13,733 posts

222 months

Sunday 27th July 2014
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PurpleMoonlight said:
They don't have to stay living there, they just need to pay the rent due.

There is nothing stopping them renting both simultaneously for a month.
I'd be a little wary of that.... My tenancy has a clause about not leaving the place empty for more than 30 days, last place I rented it was 14 days!

23rdian

387 posts

163 months

Sunday 27th July 2014
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Serious question.

What stops you just moving out and ignoring his terms?

Assuming that you don't provide any forwarding address.

Vaud

50,448 posts

155 months

Sunday 27th July 2014
quotequote all
eccles said:
I'd be a little wary of that.... My tenancy has a clause about not leaving the place empty for more than 30 days, last place I rented it was 14 days!
Will be the landlords building insurance setting the constraint.

ging84

8,890 posts

146 months

Sunday 27th July 2014
quotequote all
daveky said:
Simple answer. If they don't like it just buy a house of their own! Should be especially easy if it's two incomes.
You think everyone who rents is doing it as a life style choice
pull your head out of the sand