LL flat sold, notice not given to tenants yet!

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    LL flat sold, notice not given to tenants yet!

    Hi, I hope you can help, hopefully you'll just be able to say I'm right

    I'm renting on shorthold tenancy agreement, which comes to an end on May 8th 2011, less than one month away. We were planning on carrying on the tenancy another six-months, so no notice has been given by us.

    Our landlord put the flat on the market, and three weeks ago informed us informally (verbally) that an offer had been accepted on the flat so we would "be given notice in due course".

    -

    Even though our written contract period is ending in less than a month, am I right in thinking we must still be given the two-months notice as in our contract? And that this must end on a rent day? (meaning that having not got notice by 8th April, we'd now be looking two months from 8th May?)

    Am I also correct that telling us that an offer had been made on the flat does not count as formal notice?

    Last question: I've been trying to read up on this, but would love clarification - is it correct that the landlord must give us two months notice, but we give them one month?

    #2
    You're right!
    IANAL (I am not a lawyer). Anything I say here is just an opinion, so should not be relied upon! Always check your facts with a professional who really knows their onions.

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      #3
      Yes you must get two months notice which has to tie in with your tenancy dates (not necessarily rent day).

      No, an offer on the flat does not constitute notice to a T.

      Yes the LL has to give you two months notice and you one month (once you're out of fixed term and again to tie in with tenancy dates).

      Only an idiot LL would exchange before gaining vacant possession of a rented property - but there are many out there that do. They leave themselves wide open if T hasn't left by completion date. (Unless property is being bought by another LL, in which case you would just have a new LL with the same contract you signed with current one).

      Could be a while before exchange anyway and sales do fall through so LL is probably hedging their bets that you'll leave when asked to so they don't lose too much rent!
      I'm a good tenant with great landlords
      I'm also a living, breathing, fully cooked female.

      Comment


        #4
        Just to clarify one minor point - if you are given written notice before the end of your fixed term (8 May) then the notice is just 2 months - it does NOT have to end on the last day of a tenancy period.

        A notice from the landlord does not oblige you to leave - the notice (called an s21) - merely gives the landlord the rght to appy to the court for possession - AFTER the expiry date of the notice. You are under no obligation to leave involuntarily without a court order. Although it involves courts, it is just you protecting your rights - it does not result in anything bad like a CCJ.

        This may help - any reference to Landlord would apply equally to your current landlord or the new owner.
        http://tenancyanswers.ucoz.com/index/being_evicted/0-21
        Last edited by Snorkerz; 10-04-2011, 10:42 AM. Reason: forgot link!

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          #5
          Wow! Thanks for all the replies!

          The flat is being sold to someone who wants to live in it, so no hope of us staying on, unfortunately.

          I just hope our landlords know the legal issues too, I don't want to get into a fight even if I'm in the right

          Comment


            #6
            Originally posted by Domitella View Post
            Wow! Thanks for all the replies!

            The flat is being sold to someone who wants to live in it, so no hope of us staying on, unfortunately.

            I just hope our landlords know the legal issues too, I don't want to get into a fight even if I'm in the right
            But it's you who can remain resident unless/until proper Notice is served on you. Sit tight.
            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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