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LondonlawyerJ, Solicitor
Category: Property Law
Satisfied Customers: 866
Experience:  Experienced solicitor
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We have privately rented a property for the past 18 years,

Customer Question

We have privately rented a property for the past 18 years, happily.The owner passed away and, after a while, her family issued us with 6 months notice. This expires on the 17th is August (even though our rent is paid until the 24th), but our new rental property will not be ready until the first week in September.
We have expkained this to the family but they are insisting on full access to the property from the 18th of this month.
We are self employed and work long hours-6 days a week. Plus have to find time to pack up our home etc for the upheaval of moving.
Is it too much to ask that we just be left alone for the extra 3 weeks? We are prepared to pay the extra rent.
Thank you in advance.
Submitted: 11 months ago.
Category: Property Law
Expert:  LondonlawyerJ replied 11 months ago.

Hello, I am a solicitor with 20 years experience. I will try to answer this for you.

I assume that you are outside any fixed term of the tenancy and are what is known as a periodic tenant?

Also have yo aid a deposit and if so when was it paid into a deposit guarantee scheme? This is relevant to whether the notice is valid.

Expiry of the notice period does not end the tenancy. A s21 notice is a notice on an intent to end a tenancy. Only a court can end the tenancy. Incinentilalt whose name is ***** ***** in on the landlord side. Are they the new landlord? If so ho do they claim to have become your landlord?

There is no prospect of a possession order being made within 3 weeks and even if it were you would almost certainly be given 3 weeks to leave by the judge.

You should write to the family explaining that you will be leaving in 3 weeks and that your tenancy has not been terminated by the notice. That, bearing in mind your intention to leave, any court proceedings would b a waste of time and you would show the judge your letter saying you would be leaving when the question of costs is dealt with.

I note that you say you have been there for 18 years. If the tenancy started before 1st March 1997 and you weren't served with the right notice at that time then you may in fact have quite a lot of security of tenure and the s 21 procedure may be invalid. I mention that, just in case.