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Original poster

Advice needed about house move

22 replies

namechanged241 · 27/06/2023 20:38

We were served a section 21 which required us to move out in August. Anyway, we immediately began to look for somewhere else to live and we have been accepted for a new house, we are due to pick up the keys in a couple of days.

However, my current letting agent is now aware of this and has said that we need to give a months notice. I've said we don't agree as due to the uncertain nature of the situation, there was no way that we could have given notice to move out by a certain date. I assumed we wouldn't have to give a notice and that we just had to get out of the house by the date we were given.

Does anybody know where we stand with this?

OP posts:
AmITooOldToDoThis · 27/06/2023 20:39

Your landlord is correct.

Original poster
namechanged241 · 27/06/2023 20:41

@AmITooOldToDoThis Oh god I had no idea Sad don't know what to do now

OP posts:
caringcarer · 27/06/2023 20:42

It's a shit situation but legally you need to give one month's notice. Under the circumstances most LL would just agree to you moving out though.

Original poster
namechanged241 · 27/06/2023 20:43

@caringcarer I really don't know what we are expected to do. As we have paid a deposit and rent on the new place and cannot afford to pay rent for another month on where we are now

OP posts:
AmITooOldToDoThis · 27/06/2023 20:43

namechanged241 · 27/06/2023 20:41

@AmITooOldToDoThis Oh god I had no idea Sad don't know what to do now

You can still move out but legally you’ll need to pay rent unless he can let it before your month’s notice is up.

Notice usually has to be given from a rent payment date too so that might make it more than a month.

Topee · 27/06/2023 20:44

What date is on your S.21?

Original poster
namechanged241 · 27/06/2023 20:45

@Topee 11th August

OP posts:
Original poster
namechanged241 · 27/06/2023 20:45

We physically don't have the money now to pay rent for another month on this place. Is there any way we could approach this with the letting agent?

OP posts:
EggInANest · 27/06/2023 20:48

i know nothing of the legality here, but how outrageous that a landlord can serve you notice of eviction and then charge you when you vacate within the period.

When it would cost them so much more to go through an enforcement procedure if you didn’t vacate by their deadline.

Greedy fuckers.

Original poster
namechanged241 · 27/06/2023 20:50

@EggInANest Exactly, but I don't think he really cares! He's an awful landlord and I want to be shut of them, but they're making it incredibly difficult and I fear they will make us pay even though it would cripple our finances currently

OP posts:
Runningonjammiedodgers · 27/06/2023 20:50

I would explain to the letting agent that you can't afford rent on the new place and old place. Ask to be let off for the last month or you will have to let your new property go and continue look for something that's available from the date you are due to leave. Might put the wind up them a bit if they think you will end up staying beyond your notice period and they will have to take steps to remove you.

Original poster
namechanged241 · 27/06/2023 20:53

The below is what they sent me:

1 0 .9 .2 At the end of the initial fixed term as specified in clause 2 hereof, the Term shall continue on a month-b y- month basis until either
party shall serve on the other a written notice to bring the same to an end . Such notice, when served by the Landlord , should expire not less
than two months after the same shall have been served on the Tenant. In the case of a notice served by the Tenant such notice should expire
no less than one month after service of the same on the Landlord

OP posts:
Emilia35 · 27/06/2023 20:56

This is outrageous. I don't know about the law, but as the above poster suggested, I'd be tempted to tell your agent either they waive the rent or you will stay until you're evicted through the courts which will cost your landlord far more. Or to move and not pay, though both if these could affect your credit rating presumably.

Can't believe a landlord can give you notice to evict you but you're still liable to pay rent during that period! It makes no sense. I'd also try calling citizens advice if I were you for their opinion. Hope things work out.

Original poster
namechanged241 · 27/06/2023 20:57

@Emilia35 It is so ridiculous, the entire thing is making me feel so stressed. And I am pregnant so really don't need that at the moment!

OP posts:
Emilia35 · 27/06/2023 21:00

@namechanged241 so sorry you're being put through this, while pregnant as well! Please call citizens advice in the morning - hopefully they'll be able to give you the best advice for this.

DarkPinkBobble · 27/06/2023 21:08

Does your landlord hold a deposit for you? If so I'd just tell them to take the remaining rent payment out of that.

AmITooOldToDoThis · 27/06/2023 21:11

Emilia35 · 27/06/2023 20:56

This is outrageous. I don't know about the law, but as the above poster suggested, I'd be tempted to tell your agent either they waive the rent or you will stay until you're evicted through the courts which will cost your landlord far more. Or to move and not pay, though both if these could affect your credit rating presumably.

Can't believe a landlord can give you notice to evict you but you're still liable to pay rent during that period! It makes no sense. I'd also try calling citizens advice if I were you for their opinion. Hope things work out.

It’s a standard contract term, designed to protect both parties. Tenants already benefit from a shorter notice period.

AmITooOldToDoThis · 27/06/2023 21:11

DarkPinkBobble · 27/06/2023 21:08

Does your landlord hold a deposit for you? If so I'd just tell them to take the remaining rent payment out of that.

They can’t do that, assuming it’s a protected deposit.

Original poster
namechanged241 · 27/06/2023 21:15

@AmITooOldToDoThis They have already said they will be deducting an amount off the deposit for a repair that we were not liable for

OP posts:
ICouldHaveCheckedFirst · 27/06/2023 21:21

Contact Shelter about this, ASAP.

caringcarer · 27/06/2023 21:43

I think it's unlikely this LL will allow you to get your deposit back OP. I think they'll try to claim the rent. I'm a LL and I'd feel guilty for serving S21 so just agree for you to leave as you have found new accommodation. I'd give you your deposit back too provided you left the property clean. It's LL like this that gets all decent LL a bad name.

Original poster
namechanged241 · 27/06/2023 22:00

@caringcarer Wish more LL could be like you!

OP posts:
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