Advice please! no section 21, but agreed to a date

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    Advice please! no section 21, but agreed to a date

    HI there

    Under pressure from my landlord I agreed to a move out date by e-mail, even though i shall be effectively be 'homeless' for three weeks and have to pay storage/b&b costs. Am annoyed with myself as I realise that until I recieve a section 21, I could stay (which he hasn't done). Does my e-mail mean I am committed to leave, or would tenant law superseed this?

    Also, I want him to waiver my last month's rent to cover the costs of booting me out without adequate warning and time. If he doesn't agree to that and I don't pay it, am I breaking the law?

    p.s there's no written tenancy agreement

    Thank you!

    #2
    Was your 'move-out' date:
    a. before the term expiry date;
    b. on the term expiry date; or
    c. after the term expiry date?
    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
      MODERATOR: please merge with OP's previous thread
      http://www.landlordzone.co.uk/forums...ad.php?t=31477

      Comment


        #4
        Originally posted by jeffrey View Post
        Was your 'move-out' date:
        a. before the term expiry date;
        b. on the term expiry date; or
        c. after the term expiry date?
        As OP says:

        Originally posted by bibi1910 View Post
        p.s there's no written tenancy agreement

        Comment


          #5
          Originally posted by bibi1910 View Post
          Under pressure from my landlord I agreed to a move out date by e-mail, even though i shall be effectively be 'homeless' for three weeks and have to pay storage/b&b costs. Am annoyed with myself as I realise that until I recieve a section 21, I could stay (which he hasn't done). Does my e-mail mean I am committed to leave, or would tenant law superseed this?
          Did your email state that you give notice to quit on such-and-such a date? If so, that ends the tenancy on that date, or at the end of the tenancy period immediately following that date.

          What exactly did the email say?
          Also, I want him to waiver my last month's rent to cover the costs of booting me out without adequate warning and time. If he doesn't agree to that and I don't pay it, am I breaking the law?
          Why didn't you negotiate a deal whereby LL pays you £X in exchange for you serving NTQ (thus saving LL the time and bother of evicting you) before serving NTQ (assuming it was a NTQ)??

          If you don't pay the rent it is a breach of contract, not a criminal offence.

          Comment


            #6
            Originally posted by westminster View Post
            As OP says:
            Originally posted by bibi1910 View Post
            p.s there's no written tenancy agreement
            So? There could still be an agreed fixed term.
            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).

            Comment


              #7
              Originally posted by jeffrey View Post
              So? There could still be an agreed fixed term.
              If you read OP's previous thread, she elaborates:

              Originally posted by bibi1910 View Post
              When I rented it, the LL gave me the impression he had no plans for the property and I could settle for a long time.
              So unless "the impression" of "a long time" counts as an agreed fixed term, I think it's unlikely one was agreed.

              Comment


                #8
                Well, it's unlikely- but neither of us knows, do we?
                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).

                Comment


                  #9
                  Hi guys
                  Sorry for any confusion from me. There is no fixed term, it was a verbal agreement and I was given the impression that it would be long term as I mentioned in my previous posts.

                  Even though he hadn't given me a notice to quit, I decided to look for somewhere else as the stress of staying unwanted on my own with my daughter with him living opposite was not something I felt I could cope with.

                  I have now found somewhere suitable, but can't move in until the 19th Nov and he had asked me to leave by the 1st Nov (not formally with a section 21). When I asked if he could let me stay an extra three weeks (which I am legally ok to do as he hasn't issued me with a section 21), he wrote me a e-mail saying no, I had to be out by the Saturday 30th October (sooner than he said before). I paniced that he was now reducing the period I can stay and stupidly said in an e-mail that I was going to stay until 1st and would vacate then. Which he then confirmed as my official leaving date. I think he was being quite manipulative.

                  Anyway, point of this is that now I am thinking of asking him to waiver the last months rent to help me cover costs of storage/B&B and I will leave when he wants and not exercise my right to stay. But I'm thinking my e-mail confirmation that I will leave by 1st Nov makes that right void.

                  I hope that makes some kind of sense! To be honest, am on my last legs with this and think I will just go and let him have his way...

                  Thanks for all your advice and interest

                  Comment


                    #10
                    Originally posted by bibi1910 View Post

                    I hope that makes some kind of sense! To be honest, am on my last legs with this and think I will just go and let him have his way...
                    ...Hopefully not with you. That definitely isn't in housing law.
                    Allow tenants to protect their own deposits. I want free money when they do it wrong

                    Comment


                      #11
                      Originally posted by bibi1910 View Post
                      I have now found somewhere suitable, but can't move in until the 19th Nov and he had asked me to leave by the 1st Nov (not formally with a section 21). When I asked if he could let me stay an extra three weeks (which I am legally ok to do as he hasn't issued me with a section 21), he wrote me a e-mail saying no, I had to be out by the Saturday 30th October (sooner than he said before). I paniced that he was now reducing the period I can stay and stupidly said in an e-mail that I was going to stay until 1st and would vacate then. Which he then confirmed as my official leaving date. I think he was being quite manipulative.

                      Anyway, point of this is that now I am thinking of asking him to waiver the last months rent to help me cover costs of storage/B&B and I will leave when he wants and not exercise my right to stay. But I'm thinking my e-mail confirmation that I will leave by 1st Nov makes that right void.
                      Regardless of anything, you are protected by the Protection from Eviction Act 1977. This makes it a criminal offence to forcibly evict a tenant without obtaining a court order. If you don't go on the 1st November, then there is nothing the landlord can actually do to force you to go which isn't illegal.

                      Frankly, I think the landlord's behaviour is borderline illegal already, as it sounds as though you have been strongly pressured and coerced into giving notice against your will. I recommend you go and see the Private Tenancies officer at the local council (it's the council who deal with illegal eviction/harassment).

                      Comment

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