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4mths into 6 mth c/t & landlady serving notice

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300 views 1 replies latest reply: 05 November 2015
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Tenant

i just wondered if anyone had any advice on this…. We moved into our rental property in July & the landlady continually mentioned how she’d like us to be long term tenants. We paid 6 months up front & said we’d renew contract in Jan 2016. The Landlady visited at the weekend & asked if we wanted to extend contract & when we said yes, she said ‘great news, please put it in writing’. So we did yesterday & I received an email this morning stating she’d now just decided to sell the property & we’d be served with a section 21 shortly. This is a huge shock, seeing as we are in the run up to Xmas, we have 2 small dogs (which many landlords needlessly ban) & the chances of finding a suitable property that accepts dogs & is available dead on mid Jan are worrying! So we asked Landlady if she’d release us from c/t early should we find a property avail that requires us to move in before Jan & she said no, we must pay to end of c/t. We are being evicted thru no fault of our own at the worst time of year to source a new property & feel she’s being very unreasonable. Anyone have any legal knowledge as to how we could get round this & get out of contract early? 

Thank you 

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Administrator

Hi Rachel

I’m not a lawyer but unfortunately I think your only option is with the landlord’s agreement. The section 21 procedure allows the landlord to serve you with notice at any time after the first four months of the tenancy (as long as the notice doesn’t end before the end of the six month fixed term) without needing a reason to do it. The only way you could defeat it would be if the conditions for section 21 had not been fulfilled, for example your deposit not protected in time or you had not been given the Prescribed Information about your deposit within 30 days. There’s some more information here on the conditions a landlord must meet for section 21 to be valid – see the section What do I need to serve a valid Section 21 notice?.

By ‘retaliatory eviction’ they mean the new rules preventing revenge evictions that came into force on 1 October – if you had complained about the property needing repairs and the landlord was removing you as a result then the new rules would prevent her from doing so.

Hope that helps

Alex

 

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