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Does notice still apply

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441 views 2 replies latest reply: 27 April 2015
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Tenant

I am a private tenant and my landlord who is very casual but generally fair told us he was putting the house on the market in November. We were not surprised as he said this would happen at some point (we have been here 21/2 years). He sent an email saying that it was our formal notice but we could stay in it until sold or we found somewhere else. We are currently in the middle of buying another property so will be moving out but there has been a hold up in the chain. Does our landlord need to give us another ‘notice’ so to speak now the property is sold or does the notice he gave us in November still apply so in theory he could say you need to move out tomorrow? Our tenancy agreement stipulates 2 months. TIA 

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Administrator

Hi Louise

Is it a section 21 notice? If so then I don’t think they expire so, no, another notice would likely not be required unless the landlord had withdrawn the original one. Essentially, the landlord could seek possession at any time as long as the other conditions for a section 21 notice have been met (protecting the deposit etc). In reality, the landlord would have to obtain a possession order and go through several steps before there would be a right to physically remove you, which would take time, but that could get quite confrontational.

If it’s a section 8 notice then that won’t be the case as section 8 notices expire after 12 months and must be signed so they can’t usually be sent by email.

Alex

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Agent

Hi Louise

Both notice, 21 and 8 both need to be formally served an email is not sufficient.  Are you in a fixed term or periodic agreement.  If you feel like being awkward you could stay in the property, however you say that your landlord is a reasonable chap, a bit of negotiation may be order regarding rent free periods????

 

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