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Please help we are so devastated

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« on: January 27, 2021, 08:58:38 PM »

Hello I need some advice please.

we rented a property from a landlord for 6 years, everything was new when we moved in, decoratively. Fresh paint, cheap low pile carpets but new never the less.

at the end of tenancy we repainted the house for him , we paid for the carpets to be professionally cleaned and paid a company to do an end of tenancy deep clean.

we had agreed to rent another of his properties, we moved in October 2020. There were a number of repair issues in the property that upon check in the landlord agreed to fix .

The landlord tried to keep all of our deposit for old property however the dps found in our favour fully and we received our deposit back in full.

since then no repairs that were agreed have been carried out at his new property that we live in, I have chased him via email 3 times with no response.

today he has sent me an email issuing 6 months notice to quit no reason given however our AST does not end until April 2021.

Can he give notice before the initial 6 month tenancy ends?

we are really sad we have 3 children one only 5 months old , we were hoping to be here for at least 2-3 years.

we have never missed a penny rent or been an hour late.

is there anything I can do?

😧
Hero Member
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« Reply #1 on: January 27, 2021, 09:28:01 PM »

So you moved into the current properties in October 2020, and he gave you notice in January 2021?

If you're in England, then no, that notice isn't valid. A section 21 notice may not be given within 4 months from the start of the very first tenancy. Your previous tenancy doesn't count as that was for a different property.

Quote
today he has sent me an email issuing 6 months notice to quit

If you're in England and Wales, I'm assuming it's an assured shorthold tenancy, the notice need to be in accordance with section 21 of the Housing Act 1988. It is not a notice to quit. In England, it must be on Form 6A.
Newbie
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« Reply #2 on: January 27, 2021, 09:35:27 PM »

Hey

Thanks so much for the reply, I am so stressed!

Yes we moved in here in October 2020, with a 6 month AST which expires in April 2021.

He hasnít actually given me a form he has just sent an email saying he expect me out by end of June due to his personal reasons.

Iím just so upset 
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« Reply #3 on: January 28, 2021, 02:52:41 PM »

You can - effectively - just stay put then.

I don't mean to start a war between you... but first things first - you do need to be served a valid notice. That means at the right time and, if you're playing things by the book, in the right form. At the moment the 'notice' you have been served isn't valid... therefore it's invalid... therefore it can be ignored. You don't need to acknowledge it or anything... just stay where you are, keep on paying rent. You can continue to chase for repairs if you want but it may be wiser to keep quiet. You'd expect at some point closer to the time he's interested in regaining possession the Landlord might be back in touch, possibly asking you how your preparations are going? And you'd be well within your rights to ask - "what preparations?" - and he'll say - "for moving out as per the notice I sent you in Jan" - and you can say - "that wasn't a valid notice so we didn't make any preparations"... and he'll need to protest that or start all over again. Whatever the timeframe is then (Covid implications) that might mean another 6 months... or more.

Lastly, you said you weren't given a reason, but then say it was his personal reasons... one of those is not a reason, one is... but the fact is you don't need to be given a reason.

Now... while The Game is being played... you would do yourself a good service if you at least started looking for somewhere else... somewhere better... no-one should want to stay where they're not wanted, ideally. Good luck. Certainly don't be devastated... it's just lodgings.
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« Reply #4 on: January 28, 2021, 02:54:46 PM »

Yes we moved in here in October 2020, with a 6 month AST which expires in April 2021.

He hasnít actually given me a form he has just sent an email saying he expect me out by end of June due to his personal reasons.

The Landlord is probably operating under the old "at least 2 months for a Section 21 expiry" routine... April to end of June... those days are long-gone. You can keep quiet or help him along with current legislation. I know what I'd do.
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« Reply #5 on: January 28, 2021, 03:41:34 PM »

And you'd be well within your rights to ask - "what preparations?" - and he'll say - "for moving out as per the notice I sent you in Jan" - and you can say - "that wasn't a valid notice so we didn't make any preparations"... and he'll need to protest that or start all over again.

Don't even need to say anything at that point, or say "we're not going anywhere, you're welcome to go to court", and only point out the invalid notice in defence of any possession proceedings.

Though, I would also look for somewhere. Either just ahead of the end of your fixed term and leave by then, or start looking after so you can serve your own 1-2 months notice to quit after tenancy goes periodic.
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« Reply #6 on: January 28, 2021, 04:27:46 PM »

Don't even need to say anything at that point, or say "we're not going anywhere, you're welcome to go to court", and only point out the invalid notice in defence of any possession proceedings.

The OP only indicated she wanted to stay in that property for 2 to 3 years or so... not 2050!
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