To NOT leave rented house when I said I would?

[WaitingForLifeToGetEasier]

Been in current rented house for 9 years. Landlord is a company with 30+ properties.

Tenancy is generally renewed every year as LL puts rent up.

Last year, less than 6 months into our latest year long tenancy agreement, an estate agent contacted me out of the blue saying he'd been instructed to sell the property so I needed to agree to a time for them to value and take photos as well for viewings.

I was shocked as LL has not said anything and it transpired that the letting agent has added a 6 month break clause into the tenancy agreement. There had never been one In previous agreements and I wasn't made aware.

I made it clear i was not going to allow anyone in the property until the end of the agreement and if the landlord wanted to sell, I'd leave at that time.

Tenancy is up in early March. I had expected to get a Section 21 in early January but nothing.

We have been looking but properties are either not available anymore or agent doesn't get back to us so have not found a property yet. Rents seem to have gone up £3-400 a month which is going to be impossible.

Not sure if LL is just expecting us to leave or what but I am not intending to leave in early March and will stay as long as possible - await section 21 etc.

AIBU?

I don’t think any of the more rabid posters are LLs tbh.

Not with the advice they’ve been giving.

The first page of this thread is mental.

Are people that thick?

Personally I'd hate the not knowing and being able to plan, especially where my DC were concerned, and would have to ask the lettings agent if he had any kind of update. It sounds like the landlord is definitely going to sell. OP is coming across like she's Teflon and wants to stick one to her millionaire landlord, which is up to her, but if the S21 notice has been lost in post because of the Royal Mail strikes, I think I'd want to know now rather than get dragged into a legal dispute that could impact my suitability to rent another property. I've got friends trying to rent at the moment and it is SO competitive.

A PP did have a very good suggestion that it might be worth asking if the LL has anything else on his books you could move to, OP.

You’ve apparently read enough of the thread to summarise, but missed that all of the posters with a passing understanding of tenancy law have spotted that the OP hasn’t even been served notice!

Sounds like they haven't given you notice op. I'll keep living there and paying rent until they issues section 21. Do this properly but on hay say of the estate agent 6 months ago. Wonder if they changed their mind. Re allowing viewing you never have to allow viewing even if in contact. Estate agents hope you don't know this. Keep eye on market op and find something then give notice as they not given you notice

Without a s21 notice, the "correct time" hasn't been identified.

It’s possible for them both to be unreasonable here - what bit of that aren’t you getting?

From what the OP has said, it sounds like the six month break clause was served in the summer in response to which she said she would leave. So the six month break clause having been served (which she hasn’t confirmed as it seems to have been overlooked in the thread) would mean she is not responsible for the rent after the end of the six months. But for her to be legally evicted or should have been followed up with a S21.

So my question to the OP is - @WaitingForLifeToGetEasier was the break 6m clause served? It sounds like yes since it was used as a rationale for ending the tenancy early.

If it was, then of course the agent should have followed up with a S21 in order to be sure that the tenancy would end as agreed. However, by not leaving at the end of the 6m as agreed and insisting on a S21 then I do think that the OP is being unreasonable. The S21 is an (important) formality but it’s not the only one.

It’s not reasonable to insist on viewings unless it’s within the last two months of the agreement.

Sorry this should say the agent should have followed up with S21 to ensure that you were obliged to vacate the property when the tenancy ended.

The break clause and the S21 are two different things. You don’t need and S21 to end the tenancy. Only to evict the tenant.

Yes this.

You do come across quite vindictive and spiteful OP. Why do you keep mentioning the fact your LL is a millionaire and how you’ve paid off his mortgage? All completely irrelevant. Why didn’t you get a mortgage and buy your own house if you don’t want to “pay off someone else’s mortgage?” Maybe be grateful to the LL for providing you with somewhere to live? After all if you couldn’t get a mortgage and you’re not eligible for social housing where would you be without private LL’s (who take all of the financial risk)??

Landlords are getting out in droves partly bc of this mentality - and I don’t blame them. The government aren’t building nearly enough houses to meet demand, rents are rising astronomically as demand massively outstrips supply.

You can stay or go OP - if they haven’t actually served a section 21 you have no legal need to move until they do however you do need to have a conversation with them as burying your head in the sand won’t help you. If they do want to get you out you’d be better off doing it sooner than later as things in the rental market are only going to get worse.

All the other stuff ie the fact you booked a holiday you couldn’t afford is irrelevant.

You also can’t complain about rents going up and being glad that LLs are selling in the same breath.

Actually, OP hasn't used the term "thick". She has rightly pointed out that some of the replies are dim, which they are. Several other people have said that the replies telling OP that she must leave, must allow facilities for viewing, etc are etc, are thick, and again they're not wrong; posting such positive statements when the very first post says there has been no s21 notice isn't evidence of super-intelligence.

Claiming that this is an accurate summing-up of the thread does demonstrate a, shall we say, lack of regard for facts.

Yes. YABVU. But you clearly don't want to listen to me or any of the many many other posters who have told you that. 🤷‍♀️

@FlairBand you don’t know what you’re taking about. There’s no such thing as serving a break clause. By putting it in the landlord has given themselves more options about when they can issue a S.21 that is all. Do you understand the concept of a statutory periodic tenancy? A tenancy ending isn’t like a gym membership.

It was identified if the 6m break clause was executed which it sounds like it was. it may not have been secured with the additional step of issuing a S21 but it was identified.

@FlairBand In what world do you think a phone call with a random estate agent counts as formal notice?

The LL has to give notice in writing - the break clause simply allowed them to do it earlier

You’re wrong.

To legally end a tenancy before its end date you have to issue a break clause.

If you want to make sure the tenant moves out you have to issue a S21.

What are you not comprehending?

Without a S21 the correct time was not identified.

There really are a few posters on her that you have to hope and pray are not LLs

No wonder tenants are often surprised when we do things properly

Even with a break clause, a S21 is still required. In any case, what makes you think the 6 month break clause was executed?

@Flairband, sorry, quoted wrong poster.

A six month break clause is standard in ast leases with either party able to give two months notice

Ok, busted! Although, it’s better to lose the personal insults when making your argument. It all becomes a bit of a bun fight (but that’s mumsnet for you!)

I’ve said that - a break clause terminates the tenancy. A S21 serves notice of eviction.

I’ve asked OP above, her first post gives the 6m break clause as the rationale for her being asked to leave in March but it wouldn’t come into the conversation otherwise.

FFS. Honestly. The OP has not said whether they did or did not issue the break clause in writing which is why I asked.

They can. Landlord act 88.
Only once they’ve issued section 21