Landlord Served Notice Under A Month Help

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  • Landlord Served Notice Under A Month Help

    Hi all i have been renting a property from a private landlord for the last 14 months i have all ways paid the rent on time but back in January my bank messed up the direct debit so i am now 1 month behind on the rent.

    On Tuesday 6th march i recieved a letter from my landlady stating they wanted to sell the property and they are giving me until the 31st march to move out.

    This gives me 3 weeks and 4 days notice to move out. CAN THEY DO THIS.

    The tenancy agreement stated if i wanted to quit the property i had to give 3 months notice do they not have to give the same.

    Please Help i am desperate.

  • #2
    The short answer is No! To give you a more precise one we need a little more detail about your last tenancy agreement. Has it expired or is a portion of it still to run? In any case your landlady MUST give you at least two months notice before starting court action which could eventually lead to your eviction. This could well take another month or more, and then the bailiffs will take a further couple of weeks if you really want to run things to the line. However, you can be certain of at least a further two months residence before your landlady can possibly commence a successful court action.

    P.P.
    Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

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    • #3
      I agree, unless the LL has already served a valid S21 notice; eg at the beginning of the tenancy, and the notice she has served you this time is not an S21 notice, (as this would invalidate the previous one, whilst itself being invalid due to wrong noticeperiod) Check all your papers.
      All posts in good faith, but do not rely on them

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      • #4
        Update It was an assured shorterm tenancy which ran out in June 2006 since then the landlady has'nt asked me to sign a new agreement it ran from Jan - June.

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        • #5
          Originally posted by glennt80 View Post
          Update It was an assured shorterm tenancy which ran out in June 2006 since then the landlady has'nt asked me to sign a new agreement it ran from Jan - June.
          then you are running on a periodic basis and like the others have said she must give you 2 months writen notice, such notice to end on a rent payment date so really she should serve you notice in writing on 1st April with your last day being the 31st May.

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          • #6
            The 1st April falls on a Sunday so a notice served on that day would not become valid until Monday 2nd April.

            Far better for the landlord to serve and date the notice before Friday 30th March. The requirement is for at least two month's notice and not exactly two months notice!!!
            Vic - wicked landlord
            Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
            Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

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