Section 21 experts?

barnaby-bear

Spotted this
http://www.housepricecrash.co.uk/forum/index.php?showtopic=95069&st=0&start=0

If a section 21 has been issued would it still stand or is this still in fixed term?

franklee

It's an old thread, the OP isn't around anymore as far as I can see. But ... The short answer is that the first S21 was voided by the OP signing up to the second fixed term.

The tenancy started in May 2007 and ran for 12 months. OP then signed up to a second year due the the pressure of the S21.

Start of year one:

We signed an AST fixed term for one year and when we moved in the LA whipped out a Section 21 saying it wasn’t anything to worry about. Our last place was rented off a friend and we had a verbal agreement so all this was new to us. With our 2 small kids we were just desperate to move in somewhere and get settled. We had no chance of researching what an S21 was at that stage so we took his word.

Start of year two:

Then in March this year, 2 months before our first year’s tenancy was up, the letting agent came round asking if we wanted to continue living here. He brought a new AST agreement for us to sign and when we looked at it were shocked to see the LL wanted to raise our rent by £200 pcm. A rise of 20%. The Letting Agent said the LL had to repair floorboards above us so he had ‘to get the money from somewhere’.

We didn’t know what to do. Because of the Section 21 repossession order, we were legally bound to vacate the property in exactly 2 months time. But how could we possibly find another suitable property in the one month window left to do it in? We were a family with 2 little kids, not a single young person with hardly any responsibilities or possessions.

So IMO the OP is tied in till May 2009. I do understand the pressure the S21 put him under to sign for another year as he didn't want to have to move in a hurry. That's why I bang on about this so called Sword of Damocles method of serving S21 notices, that is the landlord serving the notice even when he doesn't really want the tenant to leave. I would have argued that the offering of the new tenancy should have voided the S21 (but only rely on this if there was written proof). I would have used this to gain time to arrange moving in 2008 and not signed the new contract.

As it is the OP signed up for another 12 months so I don't see there is much he can do.

He should not sign up for another fixed term. If he hasn't anything lined up by May 2009 then he should stay on a periodic tenancy and move as soon as he can. The landlord can't chuck the OP out without going to court for a possession order which should give the OP a few more weeks, but a bad reference.

Getting out of the contract before May is nigh on impossible unless the landlord agrees to let the OP off. It may well be that the landlord won't find a replacement tenant in the months between then and May so looks most likely the OP would need to pay all rent till the end of the fixed term.

Again this illustrates the problems the Sword of Damocles causes a tenant:

So what are we supposed to do when we're just about to move in somewhere and get handed a Section 21? Say 'oh no thanks, I'll just take my partner and kids to kip down in a friend's spare box room for a few months til we find somewhere else.'

No! We can't move as easily as the young and unencumbered type renter.

Note this trains tenant to ignore the S21 which is a dangerous precedent for a landlord who does want his property back, this other poster now thinks S21s can be safely ignored:

I have 4 kids and we moved pretty quickly for one rent to another so it is not imposible, you just need a 1-2 week overlap, the S21 is a none issue, it is mainly used to make sure the LA can get a new contract, not because the LL wants you out, go with a national brand agent like Hamptons etc, they do not do the S21 trick.

The last post in the thread is a good warning get any verbal agreements confirmed in writing if you wish to rely on them.

So I think the OP should arrange to move in May and should this happen again refuse to sign a new contract. Also collect any evidence of a third contract being offered in writing so as to argue against the second S21 should that be necessary.