Refusal of 2 week extension, options?

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    Refusal of 2 week extension, options?

    Hello,

    I have been living in a property for 4 years. I have been given the required 2 month notice to leave the property as the landlord wishes to move in himself. However, I have asked for an extension for 14 days . The landlord has refused my request and has threatened to take me to the county court.

    Please note the following.

    1. Repairs have not been conducted on time.

    2. I have had to bear costs of increase in bills due to a leak

    3. Never received confirmation if my deposit was held in a Government scheme although he now claims to have done and has now said he will pass along the details.

    4. Have had an electrical problem with partial heating and hot water ( regular supply) not working for 3 months.

    4. I have always paid my rent on time.

    Initially he had agreed for an extension until 31st January but has now reversed.


    Any advice and legal recourse is much appreciated.

    #2
    Stay put. Doesn't sound like the deposit was protected correctly which would void the notice. Was it a 'section 21' notice or just a written request?

    Check what the status of your deposit is here https://england.shelter.org.uk/housi...t_is_protected and report back.
    "I'm afraid I didn't do enough background checks apart from checking her identity on Facebook" - ANON

    What I say is based on my own experience and research - Please don't take as gospel without first checking the gospel yourself.

    Comment


      #3
      Very kind of you to reply Wannadonnadoodah. I have , as you suggested checked all 3 sites, cannot find my deposit. I got the following letter via email. Would this be classified as section 21?

      Re: Tenancy of ......
      Dear.....,
      Due to a change in circumstances (I have a new job) unfortunately I am serving you notice of the end of the tenancy. As per the ‘Assured Shorthold Tenancy Agreement’ which commenced on the 19th November 2012, I am providing you with the required two months’ notice of the end of the tenancy. This will require that you vacate the subject property on or before the 23rd January 2017.
      On the day of departure either I or an Agent will meet you at the property to inspect it, complete the handover and arrange for the deposit return. On that day you will need to provide meter readings to the relevant companies and supply me or my Agent with the same.
      I hope you have enjoyed your time at ...and I wish you all the best in the future. Should you wish to take up another Tenancy Agreement with another Landlord I will be more than happy to provide a supportive Landlords Reference should you require it. (my contact details are above)
      In the meantime, if you have any queries or require any assistance please let me know.

      Comment


        #4
        That's not much of a s21 notice. For a more recent tenancy it would have to be in the prescribed form, but as it stands it's doubtful that it IS notice under s21.

        a) He specifically says that the provision for notice is to be found in the tenancy agreement (not s21). What provisions are contained there? Was there an initial fixed term, and have you continued to occupy under a periodic tenancy subsequently? If so, WHATEVER the agreement says as regards notice is of no effect.

        b) What does the agreement say about service by email: that may not be good notice, regardless of the form. When did you receive it?

        c) The notice can't end the tenancy, and even if it did, he can't inspect or take possession until after it ends (so not at any time during any last day (at least, not without your agreement)).

        The notice doesn't seem to contain the essentials of a s21 notice: indeed, it's difficult to say what, if anything, it does give notice of.

        Oh dear.

        Comment


          #5
          If you're ready to move on, the best option would probably be for you to give Notice to Quit yourself (which if done properly WILL end the tenancy). If notice is served by 19 Jan, you can leave on 18-Feb. Otherwise, if your landlord gets his act together and serves a valid s21 Notice, the two month's notice can only run from you receiving it. If he DOES do anything daft like start proceedings to evict you (relying on the 1st notice), he will almost certainly fail - but that doesn't mean that you want such proceedings hanging over you, or that the outcome (particularly as to costs) would be certain. As you only wanted a 14-day extension, anyway, you could always go back to the LL and offer the surrender the tenancy on a date that suits you (if that's earlier than 18-Feb), on the basis that he has failed to serve a valid s21 Notice. If he refuses, he can't stop you serving Notice to Quit in the alternative, and if you don't do that, he'll have to start again, and get it right...

          All of this is without prejudice to the deposit protection issue (if there is one) - but if your relationship has broken down, anyway (and he sounds like a jerk), you're better off out of it.

          Comment


            #6
            I think refusing you a two week extension is the least of his worries.

            Depending on the date of your AST the landlord is required to serve you with a section 21 notice which tells you your legal rights.

            He cannot serve you with this notice at all if he has not protected your deposit or complied with scheme rules.

            He will have to return your deposit now to be allowed to serve this notice and the notice period will therefore begin again. It is not sufficient if he has just put it in a scheme when he realised his mistake. It must be returned.

            You can make a claim for a penalty as landlord has not protected your deposit but I often find this unfair if you essentially get it back without issue and landlord remains fair.

            I would respond to the email advising you can find no record of your deposit and are therefore aware his notice his invalid.

            Advise him you will await a fresh and proper section 21 along with the return of your deposit.

            You can pretty much negotiate what you want if you are confident your deposit is not registered with a scheme.

            Comment


              #7
              Instead of trying to convince the LL that they're in the wrong maybe wait for some more informed replies to this thread then kindly point the LL to it. Then let him know what date you'll be moving out.
              "I'm afraid I didn't do enough background checks apart from checking her identity on Facebook" - ANON

              What I say is based on my own experience and research - Please don't take as gospel without first checking the gospel yourself.

              Comment


                #8
                StuartH has given excellent advice in you serving your own notice to quit or request to surrender.

                If the date you wish to leave does not correspond with the end of a payment period you would ordinarily still be liable for rent for the full period.

                I would negotiate that no penalty claim will be brought if surrender is accepted on leaving date with rent payable only to this date.

                I think this is letting landlord off lightly but allowing you to leave when you want to with no further cost.

                Comment


                  #9
                  Originally posted by Wannadonnadoodah View Post
                  Instead of trying to convince the LL that they're in the wrong maybe wait for some more informed replies to this thread then kindly point the LL to it. Then let him know what date you'll be moving out.
                  In what way are the existing replies ill-informed?

                  Comment


                    #10
                    StuartH and Wright76 thank you both so much, goodness this forum is brilliant and is most helpful.

                    Could I just ask if the landlord can withhold the deposit, he has said he will only give me the deposit back on inspection of the property, on the last day .

                    Also could I please ask what happens in cases such as mine where the landlord has not provided any information for 4 years on how and where my deposit was held.

                    Many thanks again.

                    Comment


                      #11
                      No he can't withold the deposit and if he tries then go direct to court where he will be ordered to return it plus a penalty of between x 1 ans X 3.

                      He actually needs to return the deposit in full now in order to rely on a section 21.

                      Comment


                        #12
                        I don't think he meant of said Ill informed?. I'm sure he means to show LL how wrong he is?

                        Comment


                          #13
                          Thank you Wright76. Much appreciated.

                          Also could I please ask what happens in cases such as mine where the landlord has not provided any information for 4 years on how and where my deposit was held. Is he allowed to do this?

                          Comment


                            #14
                            Originally posted by Wright76 View Post
                            He actually needs to return the deposit in full now in order to rely on a section 21.
                            It's possible that the deposit IS protected and that the prescribed particulars were served, so I'd counsel limited caution - particularly if the LL is claiming to be able to provide evidence - and wait and see what he comes up with.

                            Comment


                              #15
                              No he isn't allowed to do this and as advised If you choose to do so you can go to court for the deposit return plus a penalty of up to X 3.

                              I suppose it depends how annoyed you are!

                              Landlord can counterclaim for any rent arrears or damage to property

                              Comment

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