Can landlord sue us if we acknowledge his invalid s21 and...

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    Can landlord sue us if we acknowledge his invalid s21 and...

    The situation in chronological order:

    31st May: The landlord gave us an invalid s21 to leave for 31st July. We replied "understood".

    30th June: We found somewhere and we said in writing that we are 'looking to move in on 30th July" but also gave official, valid notice in that same letter to quit for August 31st to cover our backs (we have a 60 day notice period). We mentioned nothing about leaving our our current flat... we only said the plan is to move in to the new place by 30th-31st july.

    25th July: plans fell through due to the tenants not moving out on time in the new place, so are no longer moving out on 30th July and will be moving out at latest, by the date we gave official notice to quit (31st Aug), but LL is now telling us we are liable to pay him compensation due to not moving out by 30th July which of course we disagree with.

    The only thing we are concerned about is the Distress for Rent Act 1737, and whether he can use that on us here.

    Any advice much appreciated

    #2
    Please don't start a new thread on the same topic as your previous one.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

    Comment


      #3
      Originally posted by jpkeates View Post
      Please don't start a new thread on the same topic as your previous one.
      I did reply to last months thread and deleted it because there have been new devleopments (30th June and 25th July) and it's no longer in line with the subject of the last thread. That thread was concerned with what happens if we accept an invalid notice (which we didnt in the end) and this thread's main concern is whether a lanlord can sue us given the circumstances above

      Comment


        #4
        See my response in your previous thread.
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

        Comment


          #5
          If you have contractual periodic tenancy then your notice is specified in the contract

          If you are in a fixed term tenancy then you cant issue a valid notice.

          If you're in a statutory periodic tenancy, your notice is a minimum 1 month expiring at the end of a rental period. The landlord could attempt to sue you for longer notice, but would almost certainly lose.

          Comment


            #6

            Originally posted by zukias View Post
            LL is now telling us we are liable to pay him compensation due to not moving out by 30th July
            No compensation is due to LL.
            S21 notice does not end the tenancy.

            Originally posted by zukias View Post
            The only thing we are concerned about is the Distress for Rent Act 1737, and whether he can use that on us here.
            Distress for rent act applies only when tenant gives notice and does not vacate by the expiry of that notice

            Comment

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