Have I been given notice if my flat is on the market?

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    Have I been given notice if my flat is on the market?

    Hello everyone, I’m a tenant and new to this forum.

    My situation appears on the periphery of those covered previously hence my post. My original 12 month AST expired June 2015 when my landlord decided to ditch his letting agent to save paying their fees. Despite his reassurances that I could sign a new 12 month contract it came to nothing and I began to suspect perhaps my landlord was having financial difficulties. Four months of uncertainly rolled by and in November he decided to sell. Disappointing for me, but I understand.

    The flat has since been cleverly marketed with some positive information about me just in case a buy-to-let landlord is willing to risk taking me with the flat, but of course anyone can view, and indeed they have been viewing. My preference was to stay so I thought I may as well try to run with it for a month. A month on I just can’t take the stress and I need to find somewhere else to live.

    The agent called me on New Years’ eve to request two blocks of booking next week. My blood pressure rose immediately at the thought of trying to juggle my own work because my own office is in the flat. I recognise the agent has his job to do and he has not really asked for anything unreasonable, however, it is still not convenient and I am in a continual state of stress. As such, I told the estate agent I must now take control of my own life and that I have decided to leave. He then told me the landlord needs my rent until end of March and that have not been given notice. As you might imagine, that has annoyed me somewhat and I politely advised the agent I disagreed with his view.

    Until now I have maintained a professional relationship with the landlord and I have no particular problem with the agent either. However, I do now feel I am being taken for a fool. I have assumed my expired AST rolled over to a periodic tenancy despite it being drafted by the now ditched lettings agent. My deposit was repaid in June and I returned it to the landlord immediately. He did not place it in a new TDS (a separate problem but I do know what to do if and when the time comes thanks to this forum).

    So, my question to members is do you think I have been given notice by the flat being put on the market and having endured a month a viewings already? The expired AST alludes to me having to permit viewings in the last 8 weeks but is otherwise unclear. If I have to I shall just give a month’s notice and be done with it but my preference is to start looking immediately and get away asap. Either way, I am not hanging on until March because my landlord needs the rent.

    Thank you

    #2
    No. You haven't been given notice just because the flat is being marketed. To give you notice your landlord should serve you with an S21. If he hasn't then you haven't been served notice.

    By law you are obliged to give your Landlord one month notice when you are ready to leave.

    Comment


      #3
      Thank you for that clarification Claymore - I shall give my notice first thing tomorrow. I read about the confusion with serving a S21 when a deposit hasn't been protected and realise I need to take control and leave the landlord to his own problems. Thanks again

      Comment


        #4
        There is no way that any AST (your agreement) can force you to allow any viewings. Change the locks if necessary to prevent others accessing and preventing your 'quiet enjoyment' of the property.

        Has the landlord/agent protected your deposit?



        Freedom at the point of zero............

        Comment


          #5
          Originally posted by Rule&Regs View Post
          Thank you for that clarification Claymore - I shall give my notice first thing tomorrow.
          Don't forget that it's one month's notice from the next rent day, not from the day you give notice...

          Comment


            #6
            Technically it's a minimum of one month ending at the end of a rental period.
            Which is normally the rent due date. but doesn't have to be.
            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

            Comment


              #7
              Originally posted by jpkeates View Post
              Technically it's a minimum of one month ending at the end of a rental period.
              Make that:

              If the tenancy is monthly, it's a minimum of one month ending at the end of a tenancy period.

              A "rental period" is the period from one rent day to the next.

              A "tenancy period" is the period of a periodic tenancy the length and start and end dates of which depend on the circumstances and in the case of a statutory periodic AST are determined by section 5(3)(d) of the Housing Act 1988 - http://www.legislation.gov.uk/ukpga/1988/50/section/5 Whilst the section does not expressly say so, the first period must of necessity start immediately after the fixed term ends.

              Comment


                #8
                Even better!
                When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                Comment


                  #9
                  Lawcruncher,

                  Sorry but being a bit thick here. Say a tenancy had rolled over into a periodic tenancy. Original tenancy had started on the 3rd of the month and rent due monthly on the 3rd. If you wanted to give a months notice to leave on 2nd March would you have to give it on the 2nd Feb or could you leave it until the 3rd Feb?

                  Comment


                    #10
                    No, the 3rd is the first day of the periodic tenancy. You would need to serve notice by 2nd February at the very latest if you wanted to leave on 2nd March.

                    Plenty of landlords would be reasonable and flexible to the one month notice so long as you communicate properly your intentions.

                    Comment


                      #11
                      Originally posted by Interlaken View Post
                      There is no way that any AST (your agreement) can force you to allow any viewings.
                      This is incorrect.
                      Allow tenants to protect their own deposits. I want free money when they do it wrong

                      Comment


                        #12
                        I'd tend to side with Interlaken. There is a difference between law, statute etc and the 'real world'.

                        If Mr Tenant says 'no', changes the locks and goes out, then viewings are not going to happen, it is a clear indication that any previous agreement, written or otherwise, has been rescinded.

                        Now Mr Landlord could, if he had the time and money, take the issue to court and get a court order that the tenant allows visits - Mr Landlord may even end up enforcing that with bailiffs. However, in the real world, it ain't going to happen.

                        Comment


                          #13
                          It's like saying a tenancy agreement can't force you to pay rent.
                          Allow tenants to protect their own deposits. I want free money when they do it wrong

                          Comment


                            #14
                            The tenancy agreement can't force you to pay rent.
                            It makes the rent owed and the landlord can sue if its not paid.

                            You can't (for example) steal the money owed from the tenant.
                            You have to use the courts to recover the money owed.
                            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                            Comment


                              #15
                              Originally posted by jpkeates View Post
                              The tenancy agreement can't force you to pay rent.
                              It makes the rent owed and the landlord can sue if its not paid.

                              You can't (for example) steal the money owed from the tenant.
                              You have to use the courts to recover the money owed.
                              Exactly my point.
                              There's no difference.

                              Interlaken wasn't using the term "force" literally. He/she was implying/saying, what it says "doesn't matter".
                              Allow tenants to protect their own deposits. I want free money when they do it wrong

                              Comment

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