Help Landlord issued Section 21 Notice

Innocent_Guy

Help Required!!!!

I moved into the address in question November 2008. Took an assured shorthold tenancy agreement. I was under the impression that this was a binding contract for 1 year. Today my landlord has contacted me and that they are in financial difficulty and they are either

1) Giving the house back to the bank
2) Selling the house.

They have served me with a section 21 notice.
Please can someone explaint the legalities to me and advise me of what steps to take as I don't not want to move out from the property.

I have attached a copy of my contract and also the section 21.

Any advice appreciated.

Thanks

WILL POST CONTRACT AS SOON AS I CAN







S21 (b) notice

withabix

It only lasts 12 months if it says so.

If it doesn't say otherwise, it lasts 6 months.

Section 21 notice can be served at at ANY TIME after the tenancy has started, but cannot be enforced until the last day of assured shorthold period (which you are saying is 12 months in this case).

The landlord must serve you a Section 8 notice if there is a legal reason why you are required to leave. This can only be enforced by a court.

If the property is repossessed, the mortage lender must allow you to remain in the property until the end of the AST period.

Protection from eviction
Fixed term tenants


During a fixed term tenancy a landlord must have a reason to evict a tenant. The reason could be one of the following:

• The tenant has rent arrears
• The tenant is constantly or regularly late with the rent
• The terms of the tenancy have been broken
• The tenant has allowed the condition of the property to get worse
• The property is being repossessed
• The tenant has caused nuisance or annoyance

If the landlord wishes to evict a tenant before the fixed term is up he will need to apply to the court for a possession order. Before applying to the court he must first serve the tenants with a correctly written Section 8 Notice specifying the grounds the landlord has for regaining early possession.
The court will not give a possession order unless it is satisfied that a valid reason exists. In some cases the court must also consider whether it is reasonable for the tenant to be evicted.

Innocent_Guy

withabix wrote: »

It only lasts 12 months if it says so.

If it doesn't say otherwise, it lasts 6 months.

Section 21 notice can be served at at ANY TIME after the tenancy has started, but cannot be enforced until the last day of assured shorthold period (which you are saying is 12 months in this case).

I have uploaded the contract which stipulates a 12 month term.

Any ideas

Thanks

scw1

Get legal advice - speak to Shelter or CLS Direct asap

Innocent_Guy

Shelter perminantly busy!

withabix

Neither the landloord nor the repossessor can force you to leave until the end of the 12 month period.

Serving you a Section 21 notice now only requires you to leave at the end of month 12.

Only a court can enforce a Section 8 notice. They won't enforce it just because the landlord wants you out of the house 'because he wants to sell it or it is going to get repossessed'. That's just hard luck for him.

Innocent_Guy

withabix wrote: »

Neither the landloord nor the repossessor can force you to leave until the end of the 12 month period.

Serving you a Section 21 notice now only requires you to leave at the end of month 12.

Only a court can enforce a Section 8 notice. They won't enforce it just because the landlord wants you out of the house 'because he wants to sell it or it is going to get repossessed'. That's just hard luck for him.

Thanks do you know any exact legal terms or sections I can use?

franklee

Read this and the rest of the thread, if there is a repossession chances are you won't be able to stay.

http://forums.moneysavingexpert.com/showpost.html?p=21290039&postcount=19

franklee

As for the section 21 perhaps that's intended to exercise the break clause.

Page 2 of your agreement:

2a. Twelve months assured shorthold tenancy agreement which has six (6) month "Break clause" (read section 3.28).

Tried to read section 3.28 but it's not in focus enough for me to make out. Does it allow the landlord to break?

withabix

franklee wrote: »

As for the section 21 perhaps that's intended to exercise the break clause.

Page 2 of your agreement:

2a. Twelve months assured shorthold tenancy agreement which has six (6) month "Break clause" (read section 3.28).

Tried to read section 3.28 but it's not in focus enough for me to make out. Does it allow the landlord to break?

Don't break clauses require both parties to agree?

Innocent_Guy

franklee wrote: »

As for the section 21 perhaps that's intended to exercise the break clause.

Page 2 of your agreement:

2a. Twelve months assured shorthold tenancy agreement which has six (6) month "Break clause" (read section 3.28).

Tried to read section 3.28 but it's not in focus enough for me to make out. Does it allow the landlord to break?

Hi there it is OVER 6 months now so this in N/A?