2 months notice received.. advice please

[michelle1981]

Hi

If someone could answer my question i'd really appreciate it..

 

My landlord has issued me with a notice requiring possession of my home, it is a 2month notice.

I am looking for somewhere to move but do i still have to 1months notice?

 

In my tenancy agreement it states landlord has to give 2 months written notice and tenant 1 month notice but as the landlord has given me my notice do i still have to?

 

Also if i go ahead and give my notice but dont find anywhere suitable within that period what happens if i go ahead and remail in the property?

 

Thanks in advance for any help.

[Kentish Lass]

You don't say what sort of tenancy you have. Is it a fixed term Assured Shorthold Tenancy, or has it rolled over to become a monthly periodic?

 

If the latter, the Landlord should have issued a s.21 notice giving you two months notice that he requires his property back. You do not give him notice, he has already given you notice.

 

Was it a s.21, or was it a s.8 (are you in arrears with the rent?)

 

If you stay in the property after the date requiring possession, he will take you to court to gain possession. You could be involved in paying costs of such an eviction procedure.

 

We need a bit more detail to be able to help you.

[michelle1981]

Hi

 

I have an assured shorthold tenancy and i have been given a section 21: notice requiring possession.

I have no arrears, i have always paid my rent on time. The reason for possession is because the landlord wants to sell the property.

 

Thanks

Michelle

[Kentish Lass]

Right. Are you still within the fixed term of the AST? The LL cannot gain possession before the end of the fixed term and his s.21 notice must give you two clear months notice to regain him possession at the end of that fixed term and this cannot be less than 6 months from the beginning of the AST.

 

If you do not leave at the end of that fixed term, he will have to apply to the court for possession which might take a few weeks. However, he will then not be inclined to give you a good reference. Difficult for you.

 

Did the LL protect your deposit? Did he notify you of the details of which scheme it is in?

[michelle1981]

the tenancy agreemnet started on 27th nov 2008 (this is the 2nd one the 1st started 11/07)... it has a 6month clause where either myself or landlord can give notice after this time.

the notice is dated 15/06/09 and states i must vacate after 27th august.

 

my deposit is in a protected scheme.

 

so now i have notice do i still have to give 1 months notice or can i just leave anytime before 27th aug?

[Kentish Lass]

So he has given you the required notice.

 

If you wish to leave before 27/8 then yes you would have to give your LL a month's notice but I believe this would have to end on 27th of the following month - and if that is the case, you are too late to give notice to end on 27 July so there is no advantage to you to do so.

 

I am not absolutely clear about this -- perhaps one of the legal bods on here can confirm or correct?? What does your AST say on the subject of notice?

 

However, since your LL wants you to leave, if you wish to leave earlier than 27/08 he may be happy to come to an arrangement for you to do so, otherwise you will be responsible for rent up until that date.

 

It must be upsetting for you to have to leave your home, but the LL is within his rights and it will be much better for you to do things amicably. Hopefully he will give you a good reference and return your deposit without any problems.

 

Good luck!!

[jackieandwayne]

I am not absolutely clear about this -- perhaps one of the legal bods on here can confirm or correct??

 

I don't think you do have to give notice, he's already done that by way of S21, so if you found somewhere to move tomorrow you could go. I say this because at my firm, this happened recently, I gave S21, and in the next few weeks the tenant found a property that had to be taken immediately. Advice given was she didn't need to give notice because the agreement allows for either party to give notice, this had already been done by us. But we weren't really sure and are known for being incredibly soft with our tenants! So, I'd like to know as well please legal bods!

[michelle1981]

Hi

thanks for both your responses.. is there anywhere i can go or check to be sure?

i would ideally like to move out before the end of this month but as i havnt given notice i am unsure where i stand.. i dont want the landlord chasing for another months rent, as i wouldnt beable to afford to pay a months rent, a months deposit and a months rent on a house that i am no longer living at!!

[Planner]

The serving of a s.21 notice doesnt remove the tenants requirement to serve the correct notice. Make sure you do.

[Kentish Lass]

Can you clarify for me please, Planner - if the LL issues an s.21 notice for possession on a specific date are you saying that T cannot just leave on that date, but has to give notice to LL in return??? - or are you saying that if tenant wishes to leave BEFORE that date, T must give correct notice?

[Planner]

Can you clarify for me please, Planner - if the LL issues an s.21 notice for possession on a specific date are you saying that T cannot just leave on that date, but has to give notice to LL in return??? - or are you saying that if tenant wishes to leave BEFORE that date, T must give correct notice?

 

Leaving on the date on the s.21 without notice is a bit ambigous but I think you would get away with it if the LL ever took the issue further.

 

Leaving before the date on the s.21 without correct notice is a definate no no.

 

Leaving after the date on the s.21 without correct notice is asking for trouble imho.

[jackieandwayne]

Oh pooh! Thank you Planner!

[Kentish Lass]

Thanks Planner.

[michelle1981]

Thanks planner.. all is now clear!!