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?

According to the above attachments( info from shelter ) if there’s a break clause and if she’s agreed to it ( although she apparently said she’d ‘try’ , which isn’t a firm agreement, ) but if she did agree to it…then you dont need the s21.

No I wouldn't follow up. Tenants should receive one in the post and one hand delivered. If a joint tenancy both tenants should get individual letters. The landlord had 30 properties, he may have been able to offload enough for sale to give him a breathing space if it's a cash flow problem re mortgage increases.

I would however find another place in my own time if the landlord is blowing hot and cold like this. It's not a nice thing to worry about from day to day

The only way OP can be in trouble is if SHE gave official notice, IE. Not just saying verbally that she would try to move at the end of a month, but saying her last day at the property is day month, year. If she then doesn't move, she could be asked to pay for the resulting issues to the landlord.

This doesn't seem to be the case though. Without a S21, the tenancy just becomes monthly until OP gives 1 months notice to go or landlord issue a S21 with 2 months notice.

Exactly, I’d be worried and would rather live somewhere else if possible. Not knowing what’s going to happen is horrible.

OMG 😂

THATS NOT HOW IT WORKS!!!!

An experienced LL wouldn’t just assume without a notice from tenant or a s21 from him.

If he hasn’t served a S21 it’s his own stupid fault

Jesus the advice on this forum!

They cannot just March in on the break clause OR contract end date, tap their watch and say ‘come on, time to go’. They STILL need to serve a S21 which they have not done

@Patineur

We have section 21s in wales. The law is still different to England. Our landlord has to give 6 months notice now

Yea, you do.

You don’t assume someone moves out in the break. Otherwise what’s the point of having a break - why not just a six month contract?

Also, the break clause was back in September, OP has clarified (I was confused with dates too!)

I bet my bottom dollar that LL changed his mind about selling and forgot to tell OP

Just for the less intellectually challenged on here - I definitely have NOT received a Section 21 notice. If one was sent in the post and got lost in the chaos of the RM strikes and delays where does that leave me? As previously said, I received other letters (not from LL) earlier in January that were dated from November. One was for a hospital appointment for the next day! Surely RM are up to date now though.

LL needs proof it was sent right? Just putting a stamp on it and putting it in a postbox is not proof? If it was sent recorded then could I ask for proof that the tracking said it was delivered?

I did start hunting for properties last August as so annoyed with LL and knew moving was inevitable but issue was properties coming up for rent are available immediately or in the next few weeks. I didn't want to go for a much more expensive property that we'd have to move into in a few weeks (if we got it!) when I could stay here for s few more months and not have to pay as much! Is that really UR?

We can do 6 months rent in advance at a push but lots of agents specify 'professionals only'.

They want to know occupation and salary before even considering the application. DH is a 'professional' HGV driver working 60+ hours a week and earning over the minimum salary required and I'm in a low level office role due to never getting back into previous career as too much time out caring for DC. Two of the main letting agencies requested this info before putting us forward for properties then said they couldn't consider us 'at this time'.

I mean WTAF!

OP, for the people out doubting you can you clarify you didn’t give your notice to quit?

A s21 needs to realistically be recorded delivery or hand delivery. Otherwise LL has no chance of proving he served it. If it got lost in the post then you’re fine - it’s not enough for him to put a stamp on it. The order starts from the date of receipt not the date of sending it

This is so horrible to read. I hope that the people being so harsh have tried to rent a house recently. I mean it’s always been difficult in certain areas and I’ve always struggled with being on a low income and having dogs. Luckily I got out in time because I wouldn’t stand a chance of finding somewhere.

Are people expected to live on the streets? Do you lot with sociopathic tendencies realise how stressful it is to not have a secure home? And the time it takes to find a rental property when you’re already up to your eyes with work and kids? I guess the answer is that you don’t know and you don’t care.

I’m an ex LL as well as tenant btw and a good friend had someone refusing to pay rent for six months. So I understand that for some landlords this can be pretty devastating but he system is broken and it would be helpful if you could at least recognise that. No point saying to everyone in this situation that eventually they will find somewhere because their aren’t enough houses available. One doesn’t have to be a maths genius to work out that many people are going to be in temporary accommodation and that number will continue to increase,

There

What if they decide to stop paying rent for those six months? What happens?

A county court judgement. For unpaid rent plus costs.
A shit reference.

Telling people to make yourself homeless is dishonest behaviour when there is a housing crisis. If you stop paying rent thst is also classed making yourself voluntarily homeless.

Have a conversation and confirm.your position in writing.

@mynamesnotMa why would OP get a shit reference, a CCJ and have to pay court costs?

Is there something I’ve missed somewhere in this thread?

Can you speak with the letting agent face to face? If you have a good track record with them, they might be able to help in finding you a new property to rent maybe?

September….blimey…..

however
the info states for the landlord
‘WITHOUT having a good reason or ground they ( the landlord ) must give notice and issue a s21…’
suggesting if they HAVE good reason they don’t need to…

or is this a step/ assumption too far

No, that’s not what it means. S21 don’t need a good reason to be served, but a LL still needs to serve one.

Some notices do cone with a good reason - such as a s8 which is about rent arrears.

So if you serve a s21 you don’t need a ‘good reason’ to have done so. You can just serve one and give no reason. But the serving process still needs to happen. They just have to tell the tenant why they’re being booted out

I wouldn’t bother asking the dimwits on Mumsnet for legal advice.

Contact Shelter or another competent advice service for free impartial advice that will ensure you stay in your home for as long as legally allowed.

Besides, in your theory, if they do have good reason therefore wouldn’t serve a s21 - what’s the process for that? Must the tenant by psychic?

???
it says you dont need a good reason ( or any reason ) to serve notice s21
it says you have to serve notice if you haven’t got a good reason to end tenancy

Just read your other post
So my assumption, from shelter, was a step too far…you’d think shelte4 of all people would make it clearer

So You do need to serve a s21 in all cases whenever you want to end tenancy…..
Is that correct.

Challenge here for the op is that she will
need a landlord reference to secure any new property. By making the landlord evict her , she is making chances of a reference practically nill.