Hi
My landlord has written us a letter giving two months notice to vacate as he wishes to sell. When i have asked other organisations for advice, then say i need a Section 21 notice in order to register on other sites e.g. social housing. Do I need this, and f so, how do I get it?
A section 21 notice is required to terminate a tenancy. If landlord didnt provide this then the notice isn’t legally valid.
If you are wanting to leave then ask the landlord for correct notice. If you aren’t then you could just keep quiet as that would extend how long you can stay in current place.
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That is very helpful, thank you! So we could really wait a month then say we havent received the notice, and we would have two months from then?
He couldn’t say it was implied from the date of the written note?
Yes, you could. You are under no obligation to tell the landlord the notice isnt valid so you could wait until end of notice given and you would then have 2 months from when you receive the valid notice (section 21 notice). Implied notice isn’t a thing, the laws are on your side and the landlord should know the requirements.
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of course if you decide to stay you may not get a favourable landlord reference. Also leaving it too long there will be more demand for properties as landlords sell up , so you may struggle to find a suitable place. Your choice.
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Thanks again. One other question. We got the written note this week, and next week he is comjng with the estate agent. Obviously all of our stuff is here, do we have to let the estte agent take photographs?
No you don’t , but it will cause a lot of anger and your reference may reflect this.
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You have the right to quiet enjoyment of your home you have paid for. While you shouldn’t be unreasonably obstructive you are entitled to be there when anyone is there and for it to be a convenient time for you. There would then presumably be lots of viewings and i dont think ot is unreadable to object to these.
A landlord has no reason to give you a bad reference, you are not responsible for helping them sell the property and if you get a bad reference you cant move out and it will take them a long time before they can sell
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Why would any landlord ever give a bad reference?
Imagine you have a tenant from hell. Huuuurrraaahhh, they’ve found another property and are leaving. Yippee!
Who in their right mind is going to give a bad reference so the tenant can’t leave??
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Thanks for your replies. We just were given one week before the estate agent cones, and i dont really want all of our belongings available to see on the website! Like a burglar’s target practice.
You don’t have to allow it despite any clauses in your tenancy.
how can any viewings take place on any property with tenants in situ in theory?
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It is all a bit confusing to me. The house will not be looking its best with our belongings being moved around and in boxes. We have been given one week notice for the estate agent turning up, and that was just a typed note. It seems a bit rushed, but we wont be out for two months at least. I dont like the idea of our half packed/half mess being on an estate agent website for all to see. Plus I’m not sure what to do about this Section 21, of which there is no sign. Ugh.
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You can ignore the notice to quit and wait until they approach you then tell them it wasn’t valid.
As someone said if you don’t mention it, it will give you longer as they will have to re-serve it correctly.
You can politely refuse the estate agent and just say you would prefer all activities relating to selling be carried out after you have left.
Personally I think it’s unreasonable to expect people to put up with endless, intrusive viewings in what is meant to be their home for which they are paying good money.
It doesn’t show the property in the best light with someone’s belongings all over the place.
Furthermore, a bit risky for the landlord as they don’t know if the tenant will actually go so to start the selling process, they could run up expenses for nothing.
Have you found another place to go to yet?
Not yet! It was quite sudden
Good point! If i didnt want a reference, quite feankly I’d tell him where to go!
I was just wondering if you wanted to leave or if you were happy to hang on for a bit.
He will give you a reference as he wants vacant possession. If you’ve looked after the property and paid the rent that’s all another landlord will be bothered about.
I guess it’s inevitable, so doesn’t seem much point in delaying it. I’m just annoyed the estate agent is coming so quickly and dont want them taking photos. Not sure how to play it.
Yes I guess that is true if you think you can find somewhere else. J
Just tell them that you are not comfortable with the estate agent taking photos of your possessions and you would rather they did all this when you have vacated.
If they question it, remind them you are entitled to quiet enjoyment for the duration of your tenancy and have a lot to organise yourselves, if they want you to leave on time.
It’s really no skin off their nose at the end of the day, They should be making sure the property is actually vacant before they market it, surely.