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?

Oh really do grow up. Dishonest estate agents and LL's not issuing the correct legal documents and trying to steam roll tenants into giving up their legal rights are the twats.

You must be issued with the correct legal notice S21. If you haven’t been issued with that, you haven’t been given notice and asked to go. Your tenancy simply continues.

So, you can contact the LL or agency to clarify the situation and point out you haven’t received the S21. They can then decide if to issue you with S21 and you have 2 months notice from the next rent date. Or, you can just keep quiet, in the knowledge that without formal notice, you haven’t been asked to leave and will always have 2 months from that notice. However, then you remain unclear about if LL plans to sell or not.

Personally, Inwoukdnt like knowing and would be clarifying the situation. Are you absolutely sure you haven’t been issued with S21 notice?

And when it gets to the end point if notice, you are legally entitled to stay and the LL must then go through the legal process to evict, which can finally result in bailiffs. That is your right. When people have nowhere else to go, Shelter recommend this as then the LA will be forced to house you, but if you go willingly, they aren’t obliged. Of course, that could be in a B and B or somewhere awful.

Personally I’d be clarifying the situation. If and when you receive formal notice, then I’d be looking for somewhere else. However, if you haven’t had that notice, it won’t be the end of March you’ll have to be out unless your rent date is tomorrow and you receive notice before tomorrow.

It does if they don't pay the costs associated with it so the landlord goes after a CCJ against them which more are to recover costs. Sadly for the OP cases of people trying to get evicted so they can get a council house means more section 21 are needed and LL are sick of paying the cost.

OP look for somewhere smaller or in another location as at the end of the day you are going to be out. Have you asked if the LL has another property you could move to?

I'm a landlord, if you haven't had a section 21 you don't need to leave, your agreement just changes into a rolling one.

I'd still keep looking at other places though.

I wouldn’t refuse to leave but I’m no expert. I would worry that if evicted I’d get really crap housing/lodging and private landlords would never let to me. Might even effect future mortgage applications if you wanted to buy.
Ultimately the housing structure in this country is broken. I understand why landlords are increasing rents but tenants are being priced out.
Rather than shoring up the system with housing benefit for those who qualify and have a landlord who will accept hb, more social housing needs to be built.
Sorry I’ve gone off at a tangent but the housing policy enrages me and I’m fortunate to be in my own house.

Unless either side have formally given notice you are entitled to stay. Getting a s21 is not the same as being evicted ffs. It’s just the legally prescribed notice that a landlord has to give a tenant if they intend to end the tenancy if they aren’t in arrears etc.

It may be the landlord wanted to take a punt on selling the place and will change their mind given properties aren’t selling as fast / are selling for less.

I have been confused by the lack of a S21 and wondering if it could have been due to the postal strikes.

I got a several letters in early Jan that were dated November.

Does the LL have to prove it was sent?

Some landlords ask for a reference from the previous one. If a tenant has stayed on beyond their agreed term landlords will often mention this, and the next one will rent to someone who hasn’t.

It's not a dick thing to do. If op wants council housing it's the only way she'll be considered. If she leaves before that (and he hasn't even served a section 21) then she'll be found Intentionally homeless and they won't help at all..

Of course YABU. You signed a contract so stick to it.

OP hasn’t been asked to leave though.

The correct process is to serve a section 21, not tell tenants through a third party.

OP hasn’t had a section 21 so it’s very fair to assume she isn’t expected to leave

Why wouldn’t you ask the agent? I couldn’t be so passive about something as important as where I live. Contact the agent and ask for an update on the LL’s plans, it’s the adult thing to do.

How, as long as OP is still paying rent?

If you haven’t been issued a S.21 you haven’t been served notice. For all you know the landlord has changed their mind.

Legally you then have the right to wait for the court to issue an eviction order. Personally I never would wait. But if you haven’t even been served the correct notice then this is an entirely different scenario to the usual threads about hanging on.

The top and bottom of it is your going to have to leave at some point
you risk getting bad reference
work with them

my friend is a LL few properties if they allow viewings he gives them few rent free days at end of tenancy so they have few days to move when they get keys to new house and doesn’t bother about notice period so much

BUT if there difficult it’s black and white for him no good reference and things that aren’t normal wear and Tear but he would of just sucked up he takes out of deposit

This is what puts me off becoming a landlord. Nightmare people like you. You need a good reference, so just go.

This

And I’m a LL.

If I’ve verbally told a tenant it’s time to leave I ALWAYS follow it up in writing otherwise I have no leg to stand on. That hasn’t happened here. OP is not in arrears and has no reason to go.

There are no costs associated with a section 21 notice. It's not an eviction.

Yes, this.

Someone refused to leave the house we were buying and we ended up homeless, you've been given loads of notice and need to sort yourself out.

If they've got over 30 properties have you asked them if they have anything else for you?

I think you should do everything you can to leave in good time, otherwise you're just delaying the inevitable and creating a stressful situation that's avoidable.

And the contract does not expire at the end of the fixed term UNLESS either party serves correct notice, which neither has done, therefore by not moving out OP would continue to follow the terms of her contract.

What did you say when you said you wouldn't allow viewings? Did you state you would leave at the 6 month break as stated in your opening paragraph? If so your landlord is taking you at your word I suspect. Why not contact them politely to confirm that they still wish to activate the break clause, and perhaps backtrack and suggest if you allow viewings after that date, could you stay on until x date (choose 2 months after the break clause as sales take longer than that) to give you extra wriggle room to find somewhere. By being polite you may find the landlord has or knows someone with a property suitable for you

She is

Landlords also have legal duties and this one hasn't served notice yet. It goes both ways!