Notice Unlawful

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    Notice Unlawful

    A family friend has geen given notice to quit,3 months in fact.The landlord wishes to sell the
    1.In normal circumstances a S21 notice should have been served giving at least two months notice
    2.it contravenes the current embargo on serving no fault notices
    3.the agent has also told them things which are wrong.Either then agents are mendacious or they are ignorant and misinformed.

    The couple have found a new place but are unable to leave without giving notice,they are 3-6 weeks away from the posited moving date.I have suggested they could simply leave at the end of this month as they have paid for September.Moreover I have suggested they write to both landlord and agent with aview to abandon8ng the tenancy rather thann pursue a case againstb the landlord and stay put.They do not want to push for a payment to compensate for the anxiety caused-somethingbthey could do I suppose.house thyey have lived in for several years always paying rent on time.The notice was givfennbgy anphone call from a letting agent.In my view this is unlawful onn sevferal grounds

    #2
    So what exactly is the question?

    The landlord wants the tenants to leave.
    The tenants want to leave.

    This doesn’t sound like a very bad position, irrespective of whether the landlord’s notice was valid or not?

    Comment


      #3
      Originally posted by ChrisDennison View Post
      So what exactly is the question?

      The landlord wants the tenants to leave.
      The tenants want to leave.

      This doesn’t sound like a very bad position, irrespective of whether the landlord’s notice was valid or not?
      They are having to pay rent for October and were treated shabbily since eviction illegal inn several ways

      Comment


        #4
        I still don’t really understand...? Maybe break it down into a simple question because I think I’m too stupid to get the story.

        They have to pay rent for October even though they want to move out before then? If so then they should just have given Notice to Quit earlier...? What does the landlord’s (possibly invalid) notice have to do with it?

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          #5
          They can move out whenever they like (eg this evening 20:15). They may be required to pay rent until their notice expires (up to landlord to agree or not, he doesn't have too).

          Tenant's notice if valid ends tenancy. Landlord's notice doesn't end tenancy.
          I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

          Comment


            #6
            Originally posted by ChrisDennison View Post
            I still don’t really understand...? Maybe break it down into a simple question because I think I’m too stupid to get the story.

            They have to pay rent for October even though they want to move out before then? If so then they should just have given Notice to Quit earlier...? What does the landlord’s (possibly invalid) notice have to do with it?
            I will keep it simple1.
            1.Has landlord broken law?
            2.Can they leave property without giving notice?
            3IUs asurrender of tenancy and premnises possible?

            Comment


              #7
              2. Yes, any time they like. Liability for rent may or may not end. Leaving is not the same always as ending tenancy.
              But Landlord may or may not sue them for unpaid rent.
              3. Surrender is always possible, but tenant and landlord need to agree terms (obvs...)
              I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

              Comment


                #8
                Originally posted by gnvqsos View Post

                I will keep it simple1.
                1.Has landlord broken law?
                2.Can they leave property without giving notice?
                3IUs asurrender of tenancy and premnises possible?
                No, Yes (although will be liable for rent unless mutually agreed), If mutually agreed.

                Comment


                  #9
                  Originally posted by gnvqsos View Post
                  2.it contravenes the current embargo on serving no fault notices
                  There is no such thing as a no fault notice.

                  There is no embargo on serving notices requiring possession (S8 and S21).

                  Originally posted by gnvqsos View Post
                  The couple have found a new place but are unable to leave without giving notice,they are 3-6 weeks away from the posited moving date.I have suggested they could simply leave at the end of this month as they have paid for September.
                  If they are 3-6 weeks away from moving, then where would they go at the end of the month?

                  Can they not just give valid notice now (at least 1 month ending on last day of a tenancy period) to end at the end of October, which would fit in with the 6 week timescale.

                  Originally posted by gnvqsos View Post
                  Moreover I have suggested they write to both landlord and agent with aview to abandon8ng the tenancy
                  Abandoning is not a good idea.
                  Finding an acceptable way forward for both parties is best.

                  I would suggest talking to the LL rather than writing.
                  They can then have a reasonable dialogue, allowing both parties to explain their position and understand the other's.
                  Trying to sort things out by writing to each other is never satisfactory.

                  Originally posted by gnvqsos View Post
                  rather thann pursue a case againstb the landlord and stay put.
                  What sort of case, and why?

                  Originally posted by gnvqsos View Post
                  They do not want to push for a payment to compensate for the anxiety caused-somethingbthey could do I suppose.
                  What anxiety, and caused by what?
                  Being told the LL wants the property back is a normal event in a letting.

                  Originally posted by gnvqsos View Post
                  The notice was givfennbgy anphone call from a letting agent.
                  If the notice was oral, then it is of no effect.

                  The notice must be in writing, probably on paper, and if the tenancy is less than 5 years old, then on the prescribed form.

                  Originally posted by gnvqsos View Post
                  In my view this is unlawful onn sevferal grounds
                  I've not seen anything unlawful from what you wrote, just an invalid notice.

                  Comment


                    #10
                    Originally posted by gnvqsos View Post

                    since eviction illegal inn several ways
                    Are you saying they have already been forced from the property?

                    Comment


                      #11
                      Originally posted by gnvqsos View Post

                      I will keep it simple1.
                      1.Has landlord broken law?
                      By giving a s21 notice that was probably invalid? I don’t think so.

                      2.Can they leave property without giving notice?
                      Sure, they would still have to pay rent though. Can they leave at the date of the landlord’s (possibly invalid) s21 notice period end date? Yes, and in all likelihood the landlord wouldn’t (could though) take them to court for rent arrears.

                      3IUs asurrender of tenancy and premnises possible?
                      Yes but why would this be necessary?

                      After the third attempt I have to say I still don’t really know what the actual question is. Good to see others struggle with it as well though, otherwise I would have started to doubt myself.

                      Comment


                        #12
                        OP, please complete & paste https://forums.landlordzone.co.uk/fo...om-new-posters

                        Comment

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