Staying in rented accommodation after being given notice
Discussion
It sounds like the date etc on the Section 21 notice are wrong - the Landlord / Agent must give two rental periods for notice, so if you pay rent on the 1st of the month, then each rental period expires on the last day of the month; so a Section 21 Notice issued at the weekend cannot expire until the 31st January. Please google this yourself to clarify, and feel free to raise this back to the Agent (or not - current;y it seems that the notice may be invalid). It may just mean the notice is re-issued with the new date, but at least you've got another two weeks in hand.
Also, there is nothing in law that states you need to sign another AST for another 12 months - only the first 12 months is assured, and after that the rental can move to a periodic tenancy, again please google this to be satisfied you are happy with this.
Also, there is nothing in law that states you need to sign another AST for another 12 months - only the first 12 months is assured, and after that the rental can move to a periodic tenancy, again please google this to be satisfied you are happy with this.
LemonParty said:
It sounds like the date etc on the Section 21 notice are wrong - the Landlord / Agent must give two rental periods for notice, so if you pay rent on the 1st of the month, then each rental period expires on the last day of the month; so a Section 21 Notice issued at the weekend cannot expire until the 31st January. Please google this yourself to clarify, and feel free to raise this back to the Agent (or not - current;y it seems that the notice may be invalid). It may just mean the notice is re-issued with the new date, but at least you've got another two weeks in hand.
Also, there is nothing in law that states you need to sign another AST for another 12 months - only the first 12 months is assured, and after that the rental can move to a periodic tenancy, again please google this to be satisfied you are happy with this.
No - the LL will have to give 2 months notice. The period is one month. It is often/usually the case that tenants have to give one month ending the day before a rent due date, but this doesn't usually apply to the LL - contracts can vary though. It is true that the notice has to be issued taking into acccount service days. Most likely is that it was sent at least 2 business days before the service date, and proof of postage taken.Also, there is nothing in law that states you need to sign another AST for another 12 months - only the first 12 months is assured, and after that the rental can move to a periodic tenancy, again please google this to be satisfied you are happy with this.
Whilst you can sign an AST for any length of time up to 36 months, a LL can't issue a S21 notice within the first 4 months (ending tenancy after 6 months) - and so in practice the shortest used is 6 months. Some exceptions, but LL has to be happy with not being able to regain possession via S21.
If you don't leave at the end of your tenancy, it could easily be 6 months or more before your LL can remove you legally. First he/she will have to apply for a possession order. It'll be weeks before this is acknowledged. The court will send you a defence form - and even if you have no grounds for a defence against S21, but stick in some obviously spurious nonsense there will have to be a hearing. That will be many weeks away. At the hearing a DJ will politely but firmly tell you that being unable to rent a 12 bedroom detached house for £800 a month is not exceptional hardship, and will award possession to the LL. In 14 days, or if he's believed some of your lies or feels sorry for you, up to 42 days. If you don't leave on that date, the LL will have to get a warrant of possession and a bailiff - more weeks away.
In practice then, if you need a few weeks more, and the LL/LA can be persuaded that you're not going to string it out until the next century, their best bet is probably to agree with good grace and be flexible on your end date. If they don't believe that you're a proper person, who can be trusted to keep their word then they'll start proceedings since that way they don't lose time if you turn out to be a bluffer.
For everyone that suggested 2 months was plenty of time see timelines below. For everyone else thank you for your advice, hopefully we won't have to go down the route of staying after the notice period although it is still touch and go at the moment.
Called various agents to see 15 houses, 7 of those had between 15 and 20 people in line to visit. Organised to see 8 houses, 5 of those were cancelled before we got to view due to other applying. 2 of the remaining involved almost an hours commute each way instead of 15 minutes currently. The final one had not been marketed yet, I saw it and immediately paid the holding deposit. 8 days later the landlord still hasn't completed the referencing.
If we pass the referencing process ( no reason to think we won't as we have had to go for a house significantly cheaper than where we are) we have used 1 month of our 2 just trying to find somewhere ( I cannot collect keys until Friday due to working 200 miles away).
Due to being abroad at the inlaws over Christmas that leaves 2 weekends to move if we can get the keys on Friday. House is 1/2 packed already, we normally go all out at Christmas decorating feels a bit strange to be in a house full of cardboard boxes.
Called various agents to see 15 houses, 7 of those had between 15 and 20 people in line to visit. Organised to see 8 houses, 5 of those were cancelled before we got to view due to other applying. 2 of the remaining involved almost an hours commute each way instead of 15 minutes currently. The final one had not been marketed yet, I saw it and immediately paid the holding deposit. 8 days later the landlord still hasn't completed the referencing.
If we pass the referencing process ( no reason to think we won't as we have had to go for a house significantly cheaper than where we are) we have used 1 month of our 2 just trying to find somewhere ( I cannot collect keys until Friday due to working 200 miles away).
Due to being abroad at the inlaws over Christmas that leaves 2 weekends to move if we can get the keys on Friday. House is 1/2 packed already, we normally go all out at Christmas decorating feels a bit strange to be in a house full of cardboard boxes.
jpringle819 said:
For everyone that suggested 2 months was plenty of time see timelines below. For everyone else thank you for your advice, hopefully we won't have to go down the route of staying after the notice period although it is still touch and go at the moment.
Called various agents to see 15 houses, 7 of those had between 15 and 20 people in line to visit. Organised to see 8 houses, 5 of those were cancelled before we got to view due to other applying. 2 of the remaining involved almost an hours commute each way instead of 15 minutes currently. The final one had not been marketed yet, I saw it and immediately paid the holding deposit. 8 days later the landlord still hasn't completed the referencing.
If we pass the referencing process ( no reason to think we won't as we have had to go for a house significantly cheaper than where we are) we have used 1 month of our 2 just trying to find somewhere ( I cannot collect keys until Friday due to working 200 miles away).
Due to being abroad at the inlaws over Christmas that leaves 2 weekends to move if we can get the keys on Friday. House is 1/2 packed already, we normally go all out at Christmas decorating feels a bit strange to be in a house full of cardboard boxes.
A very stressful situation Called various agents to see 15 houses, 7 of those had between 15 and 20 people in line to visit. Organised to see 8 houses, 5 of those were cancelled before we got to view due to other applying. 2 of the remaining involved almost an hours commute each way instead of 15 minutes currently. The final one had not been marketed yet, I saw it and immediately paid the holding deposit. 8 days later the landlord still hasn't completed the referencing.
If we pass the referencing process ( no reason to think we won't as we have had to go for a house significantly cheaper than where we are) we have used 1 month of our 2 just trying to find somewhere ( I cannot collect keys until Friday due to working 200 miles away).
Due to being abroad at the inlaws over Christmas that leaves 2 weekends to move if we can get the keys on Friday. House is 1/2 packed already, we normally go all out at Christmas decorating feels a bit strange to be in a house full of cardboard boxes.
Never ideal.
Haven't ever thought about it but wonder what the cost would be to effectively rent a room in a Premier Inn for a few weeks, I'm sure it won't be as expensive as you think. Maybe worth speaking to your local friendly chain hotel manager, if you run out of time and need somewhere to go??
Just remain positive, look at every house you can, it's tough when there are 10 people looking at every house.
xjay1337 said:
Haven't ever thought about it but wonder what the cost would be to effectively rent a room in a Premier Inn for a few weeks, I'm sure it won't be as expensive as you think. Maybe worth speaking to your local friendly chain hotel manager, if you run out of time and need somewhere to go??
This would work out very expensive, you would struggle to find somewhere for less than £50 a night. Also you would have to rent storage for all your goods and removal cost to move everything twice. I have a big car so will be moving most things myself but I can't move the large fridge, washing machine and super king bed. I am expecting at least 20 trips with a car full and 2 trips for a man with van,The good news is we get the keys to the new place on Friday. It has given us the kick up the ass we needed to get rid of some crap and have a good look at our finances. Don't want to be in this situation again this time next year when the tenancy agreement expires.
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