Our Tenancy expires on 28th May 2013 but we have been unable to find a flat in time
We don't know yet when we will be able to move out.We are looking for a flat.The Landlord did not want us paying the last months rent out of our deposit.
Last months rent we wanted to take out of the deposit so we owe him last months rent.He did not want us to pay the last months rent out of the deposit and we have told him we cannot move yet as we have not found a suitable flat.
The rent is too high here therefore we need to downsize and we need the last months rent amount for our next flat as a deposit.The tenancy expires 28th May 2013.
The DPS has our deposit and it takes around 10 days to get it returned.The Landlord has served us this Section 21 notice because we are unable to pay the last months rent and we cannot move on the last day of the tenancy which is the 28th May.We have not found a flat to move to yet.
OK thanks. I am looking at this how a judge will.
As you knew tenancy was ending on 28 May, why didn't you arrange alternative accommodation earlier? Can you move out by 28 July?
We looked at flats earlier but none were suitable.My wife is asthmatic so we do not want any damp etc.Then one flat we thought was ok fell through.We should be able to get out by 28th July.Want to really know if we have to sign this Section 21(1) (b) it and return to our Agent .Is that the procedure to sign it (what date)and return it to our Agent.The Section 21 is dated 23rd May by our agent
There is noabsolute requirement for you to sign the notice and return it. Indeed, facedwith being thrown out of their house, many tenants simply ignore the notice inany event. The next step is for the landlord to make an application to courtfor possession (after 28 July) and if he gets the order for possession, thenmake a further application to have you evicted, if you have not moved out. Eachapplication obviously costs money and he can ask the court to award those costsagainst you which he can sue you for.
If he has notprotected the deposit in a tenants deposit scheme, this gives a defence to hisapplication for possession.
Does that answerthe question.? Can I assist any further?
I am happy tofollow up any individual point you make
I am online andoff-line each day and most weekends so please bear with me if I do not comeback to you within nanoseconds.
Please don'tforget to positively rate my answer service (even if it was not what you wantto hear). If you don't rate it positively, then the site keep your deposit andI get 0 for my time. It is imperative that you give my answer a positiverating. It doesn't give me "a pat on the head", "good boy" (like ebay), it ismy livelihood!If in ratings you feel that you expected more or it only helped a little,please ask. Thank you.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).