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Go Back   The Consumer Forums > The Consumer Forums
The Consumer Action Group
> Residential and Commercial Lettings

Residential and Commercial Lettings This is the place for both Landlords and Tenants to discuss letting issues, and share experiences.


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Old 24th May 2007, 12:03   #1 (permalink)
LittleMissSunshine
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Question To let or not to let - that is the question

Dear all

I hope someone can help me out there with the below issue.

The landlord has given me a section21 notice in April, to end my tenancy by June with the option to stay till the end of August (the notice was as far as I can see correct with dates, not disputing that)
In the notice it says the landlord wants possession back of the property, no further details as to why (as apparently they dont need to)
Today the agency placed a TO LET sign in the frontgarden, without notifying me (as usual)

My questions are:

I havent given the landlord/agency any details when I am going to leave, therefore how long is it acceptable to have this sign placed? I read somewhere a sign can only be placed for 3 weeks, surely if I intend to stay till the end of August (or longer) this sign is to early. Can i ask the agency to remove it? And how many/how long will i have to bear with visits of potential tenants?

How can they put up a TO LET sign, if the landlord needs possession? Surely this meant that they want either the house for themselves as primary residence (not the case) or to do considerable work on the property (which definately is the case). Therefore how can they put up a sign at this very moment? After all i am still here, they dont know when i leave and they than have to do the work and havent planned that yet (at least I hope so).

As I am still interested in the property, shouldnt they have notified me that they wanted to re-let and give me the opportunity to let again?

My overall suspicion is that the landlord wants to get me out; I depend at the moment on benefits and I ask them too many questions. However this should not be a reason to 'evict' a longstanding tenant (nearly 4 years, always paid on time, no complaints about me).

I have raised this with the agency and am awaiting feedback from them at this moment.
However I would like to have some opinions from people here to see what i can do and where i stand.

As background in the past i had a FOR SALE sign, apparently the landlord planned to sell, than decided against it (agency doesnt know why) and as consequence the board man place the sold sign in error and should have been place on another property in the same street. I wonder if this is happening again.

Thanks in advance for advice

Cheers
LMS
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Old 24th May 2007, 22:33   #2 (permalink)
rosysparkle
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Default Re: To let or not to let - that is the question

You've had a correctly served s21 which ends your tenancy in (or by?) June. Your landlord as you correctly state doesn't have to give a reason, and he is free to relet the property after your tenancy ends.

There is no rule of which I am aware that a to let board can only be up for three weeks, many properties are advertised as available or coming available for longer than that.

I'm afraid I don't understand the bit about an option to stay till August, an s21 gives you a date of expiry which is fixed, not an option to extend.

You don't have to tell the agency when you are leaving, your tenancy will end when the s21 says it does.

I know it doesn't seem fair but as far as I can see from what you have posted, your tenancy ends soon and the landlord intends to relet.

You don't have to give access for viewings, though it may be a term of your agreement that you do cooperate with viewings in the last month of your tenancy, and as your deposit will not be protected, you might feel that it would be wise not to breach the agreement.
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Old 25th May 2007, 09:24   #3 (permalink)
LittleMissSunshine
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Default Re: To let or not to let - that is the question

Hi Rosy

thanks for the reply, i will clarify a bit more

The S21 says end of fixed term 29th of June, date of this noticed expires 29th August. On an email received yesterday from the agency they refer to the expire date of th 29th August (I therefore are planning to leave sometime in August as that gives me most time to make arrangements and look for suitable alternative and I as far as I understand I can after the 29th June leave within short notice)

As regarding the TO LET sign, that is my mistake, but i found a useful site.
it says the following:
Regarding the TO LET sign, according to the government advice website, a sign must not be displayed 28 days before the event and must be removed with 14 days of the event. ( see link Outdoor advertisements and signs: a guide for advertisers - Communities and Local Government).
The end of tenancy stated by the agency is by the 29th August, this means the sign is up far too early. Its not that i object to a sign as i understand that thats the way to rent (and how i will find new place). However as my tenancy will run for another 3 months i dont really like to have the sign up for that long.

I still would like to know from someone what it means for s21 and reletting even without the landlord doing anything with it.
What is the purpose of s21, just evicting people? As i said i am still interested in the property, why cant i take it?
I have asked why i cannot let the property again, so am waiting for an answer for that.

Hope to get some more replies as they are always helpful

Cheers
LMS
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Old 25th May 2007, 10:47   #4 (permalink)
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Default Re: To let or not to let - that is the question

Define "the event" though. IMO 28 days to market, show prospective tenants round, and then get it all signed sealed and delivered is completely unrealistic. 3 months is. I would take the event as from when it is clear that new tenants will be needed, not the date they are needed from.
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Old 27th May 2007, 11:43   #5 (permalink)
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Default Re: To let or not to let - that is the question

sorry to say MrShed but i think i was right as i found that the agency/landlord have taken away the sign. If they were right they wouldnt have removed and and would have told me they were in their right to put up the sign and contradict what i send them.

28 days might be short to get new tenants, but thats just the way it is if you want to rent out immediately after the previous tenant.

As for the event, i think its the day the property becomes available for new tenants, which in my case is the end of August, therefore the sign cannot be up yet.
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Old 27th May 2007, 21:00   #6 (permalink)
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Default Re: To let or not to let - that is the question

If you took them to court over it, no way you would win. The court would see 3 months as reasonable.
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