S21 Notice of possession question

Debt_Free_Chick

I didn't think that a tenant could counter a LL's notice. My understanding is that the LL has given notice to end the agreement and that's it. If the tenant now wants to give notice, does that cancel out the LL's notice, in law? I didn't think so, but perhaps someone could confirm.

Also, to be clear, I can't see that I suggested that the OP stay beyond the expiry date given in the S21 (post #2). I am clear that the tenant has no right to do this. Of course, they can stay and simply await a Court Order & the bailiffs but it's not a course of action I would recommend.

nudnik

Debt_Free_Chick wrote: »

I didn't think that a tenant could counter a LL's notice. My understanding is that the LL has given notice to end the agreement and that's it. If the tenant now wants to give notice, does that cancel out the LL's notice, in law? I didn't think so, but perhaps someone could confirm.

Also, to be clear, I can't see that I suggested that the OP stay beyond the expiry date given in the S21 (post #2). I am clear that the tenant has no right to do this. Of course, they can stay and simply await a Court Order & the bailiffs but it's not a course of action I would recommend.

I have just had a lengthy conversation with Shelter who have informed me that if we give one month's notice on Tuesday (26th) in writing to LL, then we are not liable for the rent for the second month of the S21 notice. Thanks DFC, house184 and Silvercar for your helpful advice. Tassotti, you obviously haven't read my initial message and you seem to have some aggression 'issues' which I think you need to deal with.

house184

Debt_Free_Chick wrote: »

I didn't think that a tenant could counter a LL's notice. My understanding is that the LL has given notice to end the agreement and that's it. If the tenant now wants to give notice, does that cancel out the LL's notice, in law? I didn't think so, but perhaps someone could confirm.

It's important to remember that the tenancy doesn't 'end' when the LL's notice expires. All it really means is that after the notice expires the LL may start Court action to regain possession of his property (thus ending the tenancy agreement when possession is granted).

By giving notice to quit the tenant isn't 'countering' the LL's notice but just ending the tenancy on the day given in the notice to quit.

Also you don't HAVE to leave on the day given in a LL's notice but you do make yourself liable to the costs of any possession proceedings which the LL may initiate.

In reality when a Landlord has given a notice he will often agree to the tenant's offer of surrender but he doesn't have to and as he may not act on the notice (which means the tenancy will continue) the tenant must give their notice to quit to end the tenancy.

I hope that is clear. It can be a little confusing to explain. It's not to hard if you just bare in mind that the tenancy does not come to end of the expiry the LL's notice,which is afterall just a 'notice requiring possession' not a 'notice to quit' which tenants give.

Also you don't HAVE to leave on the day given in a notice given by the Landlord but you do make yourself liable to any costs involved in the LL's subsequent possession claim at Court.