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My contract ends 31st July. If landlord tells us that rent is going up and we choose to leave, when is the last date we can give 1 months notice?

Can landlord make us leave on 31st July if he gives us 2 month notice?

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If your contract ends 31st July, you need give no notice, you can just exit on that date, obviously it's more courteous to let them know but it's up to you.

As to making you leave, nope only a judge can do that, if he gives you two months notice that only allows him to start proceedings, again not saying this is a nice path to take

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If your contract ends 31st July, you need give no notice, you can just exit on that date, obviously it's more courteous to let them know but it's up to you.

As to making you leave, nope only a judge can do that, if he gives you two months notice that only allows him to start proceedings, again not saying this is a nice path to take

A previous agent served me a section 21 at the beginning of a tenancy so I simply asked them the day before when they wanted to pick up the keys. A section 21 should be treated with the same contempt for the landlord, as they are giving you by serving it.

Edited by StainlessSteelCat

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A previous agent served me a section 21 at the beginning of a tenancy so I simply asked them the day before when they wanted to pick up the keys. A section 21 should be treated with the same contempt for the landlord, as they are giving you by serving it.

I like that. Wish I had done that with my previous landlord. I was naive to the fact if you get served the s21 at the start there is no warning of eviction at the end of contract. I played hardball and dared him to go to court knowing what a tight **** he is and we moved out on our own terms 2 months later. If you research the law it's not easy for them to evict so don't let them walk over you. Only downside being you might not get a good reference.

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Of course things have changed a bit, going forwards for new tenancies after 1 October 2015. Lifting this from an email I sent out to all my renting family, at the time.

New legislation comes into effect TODAY (1st October 2015)

Section 21



The new form of s21 notice only applies to tenancies which are new or are renewed after 1 October 2015. It will not apply to statutory periodic tenancies which follow on from tenancies started before this date.

Download the new Section 21 notice

For a section 21 notice to be validly served the tenant must have at some prior stage received:

A valid EPC
A current landlord’s Gas Safety Certificate
The Government How to Rent Guide


Timing: A Section 21 Notice cannot validly be served in the first four months of a tenancy

Expiry: If proceedings are not issued within 6 months of the service of a Section 21 Notice, then the notice will be invalid.

VIDEO: 5 instances where landlords cannot serve a Section 21 notice:



...As part of the Deregulation Act 2015, tenants will now have the first four months of a tenancy to file a complaint to a landlord with regards to issues of disrepair. Shamplina adds “Good landlords will deal with complaints within the given 14 days, but my concern is the level of resource the local authorities have in place to action environmental health officers to carry out inspections when staffing levels have been cut to the bone. Landlords’ circumstances can change and if they need to end their tenancy, but can’t because they are waiting for an inspection or to gain access from the tenant, landlords are going to lose valuable time.”

If a property is considered in disrepair, landlords are unable to serve a section 21 notice for 6 months from the date an improvement notice is served by the council.

“I think this could lead to a huge spike in complaints from tenants. I am a bit fed up of all the frequent landlord bashing. It is about time there were more positive statements for landlords in the Private Rented Sector which now stands at approximately 19% of the housing market” concludes Paul.

Thread (and comments from BTLers that always make me happy)

Basically, as I understand it, if landlord doesn't hop to a repair, then tenant can take it to local authority/environmental health to look into, and landlord can't serve s21 until that's all cleared.

INFOGRAPHIC [PDF]

http://fixflostore.blob.core.windows.net/live-assets/www/S21/Section%252021%2520flyer.pdf

http://www.propertytribes.com/new-legislation-comes-into-effect-today-smoke-alarms-t-127622059.html

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Thanks Venger. I wasn't aware of the changes.

You're welcome GloomMonger. Not sure if you're back in UK from your travels/work-abroad (interesting), but as SSC suggests, these changes do help tilt all the power slightly away from landlord/BTLers. Welcome changes, but would like to see a lot more towards tenant side. Together with a bit more peace-of-mind as we - hopefully - go into a HPC.

Also it all adds up. hiace_drifter has recently told of BTLers diving in (at high prices) to claim homes for BTL. Not only C.24 coming in, but these changes to S21. Hopefully going to make BTLism way less appealing going forward (and stamp duty higher costs).

Ignatius Lord 1 Oct 2015 at 11:06

so basically if you cannot serve a section 21 within the first 4 months. A tenant could legally rent my house for 4 months for free. AND ONLY THEN could I issue the section 21 which (with court proceedings) takes another 6 months to get them out.

Meaning all tenants are entitled to 9 months free rent basically. How generous.

In fact...

I might do this myself!

I could just live rent free for most of the year then go somewhere else after every 9 months, look out landlords, im sure im not the only one whos thought of this.

----------

Ignatius Lord 1 Oct 2015 at 11:10

In fact, I think it should be law for landlords to take the shirt from their back and give it to the tenant. They should also be entitled to my phone and shoes because im a landlord

Infact, i think if we dont give all tenants a back massage once a week we should be locked up, they have a right to back massages.

And that's not even with the complications of any repair issue reported to Local Authority/Environmental Health, where landlord can't issue s21, and time involved with that (for BTL/landlord).

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Of course things have changed a bit, going forwards for new tenancies after 1 October 2015. Lifting this from an email I sent out to all my renting family, at the time.

Thread (and comments from BTLers that always make me happy)

Basically, as I understand it, if landlord doesn't hop to a repair, then tenant can take it to local authority/environmental health to look into, and landlord can't serve s21 until that's all cleared.

INFOGRAPHIC [PDF]

http://fixflostore.blob.core.windows.net/live-assets/www/S21/Section%252021%2520flyer.pdf

http://www.propertytribes.com/new-legislation-comes-into-effect-today-smoke-alarms-t-127622059.html

Know your new powers, under any new tenancy (now - new tenancies after 1 Oct 2015).

It's not like the video below as such, but landlord has to hop to important repairs, else tenant can escalate it, and then landlord find it difficult to issue S21.

Edited by Venger

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