Notice from when?

[121o121]

Hi guys.

I rent my flat privately through a letting agency.

On the 30th March, the agency called me to notify that the landlady intends to sell the property. Originally they said either they could give me 2 months notice or I could give them 1. I asked them to give me 2 months so I have more time. I've asked for this in writing.

To date they haven't sent my it yet.

Do they have to legally, or is verbal acknowledgement by telephone acceptable?

The new buyer may decide to let, then again, he may not. Obviously the landlady wants me there paying rent and council tax etc until the property is sold.

I don't mind staying there until she has a buyer, but when its sold, do I have still have two months notice?

I'd like to stay there and hope a new owner will buy-to-let and let me stay there. But I'm also on the local housing register, and if i can get a letter from the agency confirming they are cancelling my tenancy it will help my housing application with them?

Any one have any advice or been in a similiar situation?

Thanks for any help.

[121o121]

bump ?

[littlesally]

What does your tenancy agreement say about the length of time your landlord has for ending the tenancy?
A friend of mine went to a solicitor and found that her tenancy was the type it was quicker for the landlord to pay her a few grand to get her removed, than go through the courts.

My ex landlord wanted his house back a few years ago. The council refused to help until he took me to court for possession. Even then they left it quite late.
All they were legally obliged to do was offer one property - if you are desperate you will accept, if you don't you can't be that desperate so they don't have to help.
The property was in a dreadful part of town, miles away from my childrens schools, lousy bus service and the property was a dump.
I refused, but had messed up my reputation with the estate agent, so needed to go else where.

It worked out well in the end but was very stressful.

Sometimes the coucil will refer cases to housing associations, which can be much better. See if you can.

Sally x

[littlesally]

Also, I would've thought them giving you notice would need to be in writing, otherwise who says the person they spoke to on the phone was you. You may not have received the notice from whoever answered the phone.
What proof do they have that they have told you?

Sally x

[dimack]

Any notice to vacate must indeed be in writing and must state the date which they want you to vacate by which should be at the end of a tenancy period ie the day before your rent is due for that month.

[121o121]

Hi both and thanks for your replies.

I sent a letter yesterday to agents asking for my tenancy termination in writing. I have a feeling they will play silly buggers. I don't think they'll do it until they get a buyer as it pays the rent for them until sold. But I need it in writing to present to the housing association as proof of my "homelessness".

Will pester them today!

[Rossino 3]

They definetly need to write you a section 21 notice - and they cannot back date it now so you get two months from the date they actually write it and hand it to you. It is illegal for any notice of this kind to be given verbally with all tenancies the only one's that differ are licence agreements.

You will probably have a six months assured shorthold tenancy which means a written section 21 notice. Plus you don't have to leave when the notice expires because you always have a legal right to remain in the property unless they get a Possession order. They can't take any legal action whilst the 2 month section 21 notice is still running.

[121o121]

Hi Rossino

Thanks for your reply.

When I first moved in I signed a 6 month short term tenancy. At the end of that they wanted me to sign another 6 term contract. I was unhappy to tie myself in 6 months each time so we agreed to do it month by month from then on (me give them 1 month, and they give me 2).

A couple of weeks ago the agency phoned to tell me that the landlady wants to sell the flat. They then said either they could give me two months notice, or I could give them one months notice. I opted for them to give me the two.

I have informed the housing association of my change of circumstances, and they want to see written proof that I have to be out of my flat, so thats why I need it in writing. But so far they haven't put it.

I wrote to them saying that I will only start looking for other properties once I get it all in writing. They didn't even have the courtesy to respond.

I can understand from their point of view that they don't want to give me notice as I'm paying the rent, and if the flat doesn't sell for ages, they'll lose money (not my problem though)!

The agency have just started showing people round, but under section 4.1 of my contract it says:

"The tenant has the right to a quiet uniterupted stay from the landlord and / or landlady".

Would I be well within my rights to say that until they acknowledge the termination of my tenancy in writing, I will not permit viewings of the property as its in breach of my contract with them?

Thanks guys.

[Joa]

You do NOT have to agree to allow viewings. You are entitled to refuse even if they give you 24 hours notice. Use it as your negotiation tool but check first if your agreement specifically talks about allowing access for viewings within last weeks of the tenancy. (There has been some discussion if such term would be seen as unfair- the consensus was that "quiet enjoyment" would win)

[121o121]

Thanks Joa, the agreement mentions nothing about viewings in the ending weeks of my tenancy, and besides, my tenancy isn't in its ending weeks yet as they have not gave me written notification.

[pengirl1962]

If you have not signed a new tenancy agreement and are now outside the fixed term of the tenancy, your landlord MUST serve you with notice under section 21 (4)(a) of the housing act 1988. The notice must be for two months and end on the last date of a tenancy period (or contain a "saving clause" which will state that the notice will end no sooner than the last date of the next complete tenancy period after 2 months) the last date of the tenancy period is so that the notice will conply with the requirement of a notice to quit at common law. if the notice does not end on the last date of a tenancy period or have a saving clause, then you have a valid defence to a claim for possession - check out the case of Mc Donald v Fernandez [2004] HLR 13 at paragraph 21-23.

Once the notice period has expired, your landlord can apply for possession using the accellerated possession proceedings. Providing he can evidence a copy of both the tenancy and a valid notice, you would not have a defence to proceedings against you. Possession is awarded 14 days after the matter is put before a judge and there woudl be no hearing. you can ask for up to 42 days in exceptional circumstances. The court will also make an order for costs agasint you which will include the issue fee of £160.00

hope this helps

[Joa]

pengirl; I've sent you a private message. Can you reply? Ta

[121o121]

thank you pengirl.

i'm armed and ready now.

[pengirl1962]

I forgot to mention in my previous post that if your landlord gives you a section 21(1) of the Housing Act 1988 you would also have a defence as a notice served under this subsection MUST be served within the fixed term - you could use the case mentioned in my previous post as a citation.

whether the new owner is buying as a buy to let or to live there themselves, they become your new landlord on the same terms as your previous tenancy - even though this has now become a periodic tenancy. Either way, they need to obtain an order for possession before they can require that you leave - you have protection under section 3 of the Protection from Eviction Act 1977!!