S21 Notice of possession question

nudnik

As per my previous post, we have now been given a 2 month S21 'notice of possession' from our LL to vacate our rented property. Our contract officially ends on the 26th August.

Does this mean we still have to give one months notice as soon as we find a new property or does it mean that we can move straight away without giving notice since they know we will be out within 2 months anyway as they have given us notice?

Thanks for any replies

Debt_Free_Chick

nudnik wrote: »

As per my previous post, we have now been given a 2 month S21 'notice of possession' from our LL to vacate our rented property. Our contract officially ends on the 26th August.

Does this mean we still have to give one months notice as soon as we find a new property or does it mean that we can move straight away without giving notice since they know we will be out within 2 months anyway as they have given us notice?

You do not need to give any notice. But you must leave the property no later than the date on which the S21 states.

If you want to move out before, you can, but you are due to pay the rent up to the end-date specified in the S21.

If you want to negotiate with the LL for a reduction in rent, if you leave early, then must do that - negotiate. In law, you are liable for the rent until the date stated in the S21.

If you want to post the dates, we can give you some specific examples.

silvercar

You could give one month's notice to end on a rent day if it suited.

As things stand you could leave by the end of your contract (26 Aug) if you wished or you could leave by the date specified in the S21 notice, presumeably 26th October.

If you found a place before 26th August , you could give notice before 26th August to leave by 26th September; tenants only need to give 1 months notice to end on a rent day.

nudnik

Debt_Free_Chick wrote: »

If you want to post the dates, we can give you some specific examples.

Thanks Debt_Free_Chick,

For example, if we find a place next week, say on Wednesday 27th (quite unlikely) then we give notice as soon as our credit check has cleared (i.e. approx 3rd September) I suppose we would have to pay up until the 3rd October, so whatever the rent would be from 26th September - 3rd October (if LL agrees to this), is this correct?

house184

I'm afraid I think debt free chicks advice is rather misleading.

Moving out after the date stated in the section 21 without giving any notice is rather risky. The only arguement that you can use is that by serving notice then after the date in the notice the landlord has implied that he has agreed to a surrender at any date after this. Very dodgy ground!

A landlord may well agree to a surrender on a particular day though but you should ask him and get it signed as a deed of surrender.

A tenancy does not end when the section 21 expires it ends the Court says so in an order for possession. Therefore you are still bound by its terms such as giving notice until then.

If the landlord hasn't agreed to a surrender you can give 1 months notice now (am presuming rent paid monthly) which has to expire on the last day or first day of a period of a tenancy. This would be be the 26th or 27th September.

You can leave on the 26th August without giving any notice at all. This is because your fixed term contract comes to an end.

Should you remain then on the 27th August your tenancy will become a statutory periodic one and if you haven't done so then you need to give notice as normal.

More info on notices can be found here http://england.shelter.org.uk/get_advice/advice_topics/renting_and_leasehold/ending_a_tenancy_or_licence#4

Tassotti

All the replies above are complete nonsense.

Why try and give advice when you either havent read the post , or have no idea what you are talking about!?!

You have been given notice by the LL at which date you need to be out of the property. (you do not need to give notice)

We have no dates, but if the LL wants his property back, that is up to him (mail the cockroaches to him if you like)

Why does he want you out?

2 reasons

1) you are a bad tenant
2) he is selling

Which is it?

house184

Why do you not need to give notice Tassoti? Could you tell me what you think happens to the tenancy after the notice expires?

Could you tell me why your 'reasons' are relevant to the OP's question?

Could you tell me why the OP saying the contractual fixed term ends on the 26th August does not constitute a 'date'?

I would strongly advise the OP not to listen to Tassotti.

Tassotti

If you have notice to leave, then then there is non requirement to give notice.

house184 wrote: »

Could you tell me why the OP saying the contractual fixed term ends on the 26th August does not constitute a 'date'?

Ends 26th...Contract over...get out.

YOU have been given notice, then why would YOU give notice???

Move out and move on

house184

Because notice is just that,notice. It does not end the tenancy nor the contractual or statutory requirements of the tenant to give notice.

Tassotti

At this point, the tenancy expires on 26th. The law says that the tenant has to give 'NO' notice to move out.

The LL has to give 2 months notice. This notice has been given.

The OP is looking for a massive rent reduction./...No wonder the LL wants the tenant out.

Read and learn !!!!!!

house184

The OP can leave on the 26th august otherwise they need to give notice or agree with the landlord in regards to a surrender.