Reversing decision to leave property

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    Reversing decision to leave property

    After three years of rental, a month ago we gave written notice (two months required) to our landlord, to which he responded with a written acknowledgment. Within the last 10 days my father-in-law passed away, which for a variety of (mainly logistical) reasons will prevent our leaving at the end of September as planned. I have asked for an extension of a month or two, giving us time to get things in order prior to our leaving the property, but knowing the 'difficult' nature of the landlord, I am not confident he will give permission for this. I have already spoken to the letting agent, who has not heard from the landlord in regard to finding replacement tenants for us (although he, the landlord, may of course have other sources) and no prospective new tenant has visited the house. Could someone please advise whether we are in any position to pursue this matter with the landlord and argue that assuming there is not a new tenant moving in as from 1st October, that it is not an unreasonable request. Many thanks

    #2
    Yes and no. Yes, your request is reasonable, in the circumstances; but no, L does not have to agree to it.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

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      #3
      Don't have to leave?

      He doesn't have to agree to your request but surely if they don't go then it would be up to him to file a S21 with 2 months notice to then get them to leave? This would give them a window to deal with their bereavement .........

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        #4
        I do not understand why you had to give two months' notice, when the statutory minimum is only one. LLs are not normally permitted to insist on any condition which disadvantages the tenant in regard to his statutory rights. I wonder whether this changes the validity of your notice? Perhaps one of the legally qualified members could advise.

        Presumably you are on a statutory periodic tenancy, your orignal AST having ended? Or have you renewed your AST - or was it for 3 years to begin with?

        Anyway, in reality, if you do not move out on 31st September your LL would have to obtain a court order for possession, which would take him at least a month or two. The downside of this is that under some law from the 1700s, you may become liable for double the normal rent for this extra period, plus your LL's legal costs.
        'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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          #5
          Originally posted by gardeningmad View Post
          He doesn't have to agree to your request but surely if they don't go then it would be up to him to file a S21 with 2 months notice to then get them to leave?
          No. The notice to quit brought the tenancy to an end. If the tenant stays beyond the expiry date the landlord will of course still need a court order.

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            #6
            S21 still required?

            But does he not have to file a S21 [or S8] before he can get a court order to evict them?

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              #7
              Originally posted by gardeningmad View Post
              But does he not have to file a S21 [or S8] before he can get a court order to evict them?
              No, not at all. The tenant has exercised his right to bring the tenancy to an end by serving a notice to quit. If the notice ends the tenancy for the tenant it must also end it for the landlord.

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