Landlord given us one months notice verbally, I know this isn't legal!

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Landlord given us one months notice verbally, I know this isn't legal!

    Hi everyone, basically my flatmates and I moved in to a property in August on a 6 month contract (our last date should be 25th Feb.)However, our landlord phoned on Friday saying he's sold the flat and is giving us a months notice to get out. Now, from my understanding, he's obligated to give us 2 months notice in writing, isn't he? It also states that in the tenancy agreement he has to give 2 months written notice. Our rent has always been paid in full on time and we've never caused any problems, so I'm not quite sure why he thinks he can do this? According to one of my flatmates, our landlord said to him that if we don't get out we'd be "screwing him over" - I just want to know legally where we stand because as far as I can find, he can't actually do this to us?

    Any help appreciated.

    #2
    You are right. He can't give you notice until the end of your fixed term.

    Forewarned is forearmed though, you can now start looking for another place, if you find one before the last day of your fixed term then you are able to leave your present place without giving further notice to your landlord, if you stay one day more then you a governed by the notice rules for statutory periodic tenancies.

    In any case, if he does sell, then the buyer will become your landlord. He will be bound by the contract you have already signed. Any new landlord must inform you of this using a S48 notice before he can claim rent from you.
    I offer no guarantee that anything I say is correct. wysiwyg

    Comment


      #3
      LL has to give you formal written notice, known as a Section 21 notice, and cannot enforce this until the tenancy fixed term ends. Even then, this notice alone does not end the tenancy, and if you choose to stay past the 2 months/end of fixed term, he has to apply for a court order to force you out.

      I suspect he has sold to someone who doesn't want tenants and he is trying to pressure you to leave so he can complete with vacant possession. Buyers would be advised not to exchange until there is proof you are gone, unless they have a BTL mortgage and specifically intend to let it.

      As your LL seems ignorant of the rules, did you pay a deposit, and has be protected it in a scheme and given you the prescribed information from that scheme? If not, he cannot actually issue you a valid Section 21 notice, to start to eviction process until he returns your deposit in full, so keep quiet for now and let him stew a little!

      You are not "screwing him over" he is trying to do it to you!

      Comment


        #4
        Agree with the above....

        However I'd be wary & start a diary (handwritten is fine..) of date, time, what said/done by whom, starting with the verbal 1 month notice which as those above say is invalid...

        This guy may start getting more & more agitated as he starts to realise the problem he's got...

        Any silly business (threats, repeated emails/phone calls/TXTs) have no hesitation in reporting to the Police.

        They may say "Oh, landlord/tenant, that's civil not criminal, go away..".. Not so .. see here..

        http://england.shelter.org.uk/get_ad...on_by_landlord

        - for more advice on what to do...

        Hopefully & probably he'll be sensible, but, be prepared!!

        Any more queries post away!!

        Best wishes to you all...
        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


          #5
          as said above he cannot throw you out - but if he really wants you out that quickly he may compensate you for any costs/distress caused by you having to move early in order for him to cash in on the sale of the property...

          Comment

          Latest Activity

          Collapse

          Working...
          X