Section 21 timings

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  • #16
    OP said 21st of January. Which means my post above is wrong, I was meant to say early January and not February
    All views posted reflect my personal opinion only and do not constitute professional advice which I am not qualified or knowledgeable enough to provide.

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    • #17
      It continues

      For background info see previous thread here
      http://www.landlordzone.co.uk/forums...ion-21-timings

      So it turned out the section 21 was invalid, have yet to be served with another.... but the saga continues
      We have since had the landlord having post sent here, new broadband modem etc, then a phone call from them in which she cries to my husband, that they have nowhere to live, can't stay with relatives any longer her husband is ill etc, told us they were going to Sue the letting agents. Foolishly they backed this phone call up with an email to ourselves, asking for our solicitor to contact theirs (we ignored this request, and have not made further contact)

      Today a huge shipment container arrived outside our house, obviously all their furniture just arrived over from Oz. The driver asked for owners by name "Mr or Mrs X" we said no sorry. After being parked outside 20 mins he finally pulled away.
      Later a phonecall from local estate agents (who are connected to the letting agents) to say the owners have been into the office today, requesting the property is put on the market, and to serve us another notice.
      We will be refusing viewings.
      It is also strange that they would market their house with a company they are supposedly sueing?? No?
      I am just fed up of this harassment to be honest, we have paid our rent on time, in full, so should have to deal with umpteen phonecalls/email etc.

      We really should of made a record of all phonecalls but have the latest email (which says, "further to our telephone call")and took a photo of shipping container outside.

      We are in the process of purchasing our own place, and will be glad never to rent again

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      • #18
        Mod. Please merge.

        OP please keep to the same thread so all info. is available for members.
        I offer no guarantee that anything I say is correct. wysiwyg

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        • #19
          I think the charitable view would be that the landlord has been very badly advised...

          Even if S21 had been valid you would not have had to leave & could have awaited court order & bailiffs (2-4 months, depending, extra...-ish..).

          Regarding what you advise is harassment: I would start a log, hand-written is fine, of who does what (emails, 'phone calls, visits, attempts at viewings... etc etc..) so that if this ever gets to court you have some evidence...

          Yeah, in their shoes I'd not market through the agents.... perhaps they (stupidly..) think marketing the place will put pressure on you...).

          You will of course appreciate they may be prepared to pay a SUBSTANTIAL sum for you to leave..... if it suited you.... as there's probably 6 months-ish for them to wait to get you out...

          Hope the purchase is less stressful.....

          Cheers!
          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...

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          • #20
            They have not offered us any sort of settlement, should we ask?
            If it would be worth our while, we could even have items stored and stay with family.
            We could possible be finalised with our purchase in 4-6 weeks
            I really think they had no idea what renting their property entailed, just wanted us to keep their house occupied until they decided to return.

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            • #21
              Originally posted by 10ant View Post
              I am just fed up of this harassment to be honest, we have paid our rent on time, in full, so should have to deal with umpteen phonecalls/email etc.
              So, you could report to the tenancy relations officer at the council (that's who enforces the law in respect of unlawful harassment of tenants).

              We really should of made a record of all phonecalls but have the latest email (which says, "further to our telephone call")and took a photo of shipping container outside.
              You can still make notes of the time/date/content of the calls, but it's rather pointless unless you are seriously going to report to the TRO or attempt a civil claim for damages for unlawful harassment. Frankly, the alleged 'harassment' is at a level highly unlikely to result in a criminal prosecution or more than a few quid in damages in the civil court.

              Originally posted by 10ant View Post
              They have not offered us any sort of settlement, should we ask?
              If it would be worth our while, we could even have items stored and stay with family.
              We could possible be finalised with our purchase in 4-6 weeks
              You say in your previous thread that "We start renting on the 21st Jan 2012, on a 12 month fixed contract", so the tenancy is now periodic, with tenancy periods running 21st - 20th of the month (assuming rent is payable monthly).

              Technically speaking, if you wish to unilaterally end the tenancy, you need to serve written notice to quit to end it. The notice must be at least one month long and also expire at the end of a tenancy period. For example, if you were to serve notice tomorrow, 8th Feb, then the earliest it could expire would be 20th March 2013.

              Of course, the LL is desperate to move back in (seems unlikely he's seriously decided to sell), and I'm sure would be more than happy to agree to a surrender on whatever date you offer, so it's slightly beside the point but nevertheless something to bear in mind.

              You could come unstuck if you get the LL to agree to pay you £X to move out next week, then your property purchase falls through as so often happens. If you're going to try to get a pay off to move out, then I'd only do so after you've exchanged contracts on the purchase.

              we ignored this request, and have not made further contact
              But since it's likely you may be moving out in as little as four weeks, whatever you do, you can't simply close down contact with the LL.

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              • #22
                The landlords are desperate to get back in, they have been staying with relatives since they returned, the shipment of all their belongings arrived on our doorstep today, so now they will incure storage costs.
                We have not replied to the landlords email as they were asking for information to help sue the letting agents. This a matter between the letting agents and landlord, we are not getting involved.
                We should be ready to exchange within 4 weeks max

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                • #23
                  OK: So you have a great basis for negotiation: Landlord (who may be viewing this thread btw..) is thinking they are stuffed for, say, 6 months & also wants to sue agent...

                  You can (possibly..) offer move-out in 1 month & help suing agent... I'd say that should be worth 3 to 6x monthly rent /// maybe more???

                  Your shout... but get everything in writing, possibly from a solicitor, before moving out... You hold most of the cards right now...

                  Cheers!
                  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


                  • #24
                    Two related threads have been merged.
                    I also post as Mars_Mug when not moderating

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                    • #25
                      Originally posted by Moderator2 View Post
                      Two related threads have been merged.
                      Please could title be changed as this no longer has anything to do with the Section 21
                      Or can't hey be un-merged as they are different topics

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                      • #26
                        Originally posted by 10ant View Post
                        Please could title be changed as this no longer has anything to do with the Section 21
                        When I merge threads I have the option to select a title from any one of the threads that are being merged, in this case I didn't think a title of 'It continues' to be very useful (even if I had not merged threads). So, with that in mind please suggest at title.

                        Threads are merged, most often at the request of members, where they contain information that is related. Forum threads do not have to be separated into discrete questions especially when they relate to the same property / situation and it's often better to keep them together in one thread if this provides background information and avoids the need for members to repeat questions that have already been asked / answered.
                        I also post as Mars_Mug when not moderating

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