Notice Requiring Possession - 10 Days into new Tenancy!

snowbear21

We just started we were told by our letting agent was "an initial 6 month lease", to be followed by "month-to-month letting". Exactly 10 days after we moved in, our landlord handed us a hand-printed Housing Act 1988, Section 21 (1)(B), "Notice Requiring Possession of a Dwelling-House Let under an Assured Shorthold Tenancy". The notice states it expires after 17 May 2010, the last date of our 6-month lease. The landlord hemmed and hawed about maybe listing the property for sale 'in the spring' as she handed the paper to us, folded up.

We were speechless. My husband, a former naval officer, is a manager in a local business. I am a divinity student. We do not own a tv set and only listen to the radio twice a day, for the news. We are both teetotal, don't smoke, are extremely quiet, have not had any guests and certainly no parties - in fact, we had just finished unpacking. In short, we consider ourselves to be near perfect tenants.

The notice states "the expiry date of the notice cannot be earlier than... where notice is given during... or before the ending of a fixed term tenancy, the date when the fixed terms ends.. and ... not earlier than two months after the date when the notice is given". The expiry date given on the notice is for May 2010, or 6 months from now. Is this piece of paper legal and valid? And, if I am reading it correctly, do we legally have to move out within two months??

Soot2006

You have to move out in 6 months. The section 21 is often served at the start of a tenancy to ensure possession as soon as the fixed period ends.

snowbear21

But is the notice legal and valid? From what we've read, it's only valid if it's sent via registered or recorded post. Then there's the fact that the letting agency told us it was an "initial 6 month lease". Now we find out the lease is for ONLY 6 months. We would never have chosen this flat had we known we would have to move in 6 months time - we would have chosen somewhere else. Do we have any recourse whatsoever?

N79

snowbear21 wrote: »

But is the notice legal and valid? From what we've read, it's only valid if it's sent via registered or recorded post.

Not true. It can be delivered to you any way the LL likes, so long as it is in writing.

snowbear21 wrote: »

Then there's the fact that the letting agency told us it was an "initial 6 month lease". Now we find out the lease is for ONLY 6 months. We would never have chosen this flat had we known we would have to move in 6 months time - we would have chosen somewhere else. Do we have any recourse whatsoever?

No - the LL is entitled to do this - it is a feature of English letting law. The LL's circumstances may have changed since the start of the tenancy.

However, one point to note is that the S21 is only valid if your deposit has already been protected. I guess this explains the 11 day delay but you can always check.

moromir

Hi
There is no requirement for the Notice to be served by registered or recorded post.

The Notice can be served 'as a matter of due course' and simply means that once your tenancy has expired, if you have not vacated the property, the Landlord can apply to the court for a possession order.

I would ask for written confirmation from the Landlord that the property will not be available for you to rent after the expiration of this current fixed term tenancy or whether she will permit you to continue on a month to month basis.

I understand a Section 21 notice is not valid if the Landlord has not protected your deposit with one of the three deposit schemes.

Regards

NYGiants

snowbear21 wrote: »

We just started we were told by our letting agent was "an initial 6 month lease", to be followed by "month-to-month letting". Exactly 10 days after we moved in, our landlord handed us a hand-printed Housing Act 1988, Section 21 (1)(B), "Notice Requiring Possession of a Dwelling-House Let under an Assured Shorthold Tenancy". The notice states it expires after 17 May 2010, the last date of our 6-month lease. The landlord hemmed and hawed about maybe listing the property for sale 'in the spring' as she handed the paper to us, folded up.

We were speechless. My husband, a former naval officer, is a manager in a local business. I am a divinity student. We do not own a tv set and only listen to the radio twice a day, for the news. We are both teetotal, don't smoke, are extremely quiet, have not had any guests and certainly no parties - in fact, we had just finished unpacking. In short, we consider ourselves to be near perfect tenants.

The notice states "the expiry date of the notice cannot be earlier than... where notice is given during... or before the ending of a fixed term tenancy, the date when the fixed terms ends.. and ... not earlier than two months after the date when the notice is given". The expiry date given on the notice is for May 2010, or 6 months from now. Is this piece of paper legal and valid? And, if I am reading it correctly, do we legally have to move out within two months??

When I was renting I always had a Section 21 notice served at the start of the tennacy, although it was never acted upon. Most landlords would issue one as standard just in case they require possession of the property after the initial 6 months.

theartfullodger

You have to move out in 6 months.

a) The S21 notice is only valid if your deposit has been properly protected & you have been given details thereof...if invalid you don't have to move out..
b) Many Landlords & Agents get the wording of these notices wrong ...if so you don't have to move out...
c) You don't have to move out anyway after 6 months,,, chances are LL just wants to ensure he has the right to get you out...
d) Even if he wants you out he has to go to court for a possession order - and many LLs & agents get the wording of these wrong also... However if S21 & court papers are worded correctly the court MUST grant possession... but even then..
e) You don't have to leave before the Bailiffs carry you out...
f) But of you go that way you may not get a very good reference for the next tenancy...

Cheers!

Lodger

Wickedkitten

Do a search on here for 'sword of damocles' there are a lot of people that have had theseissued at the start of their tenancies

Fire_Fox

I'd want to know if I was going to have to pay for another set of references/ credit checks if I move to another property with the same agent, and I'd also make the decision how flexible I want to be with viewings if the property does go onto the market.

Gwhiz

I understand you are upset but a little advice as you are new - just keep to the facts that matter as it helps people give you a quicker reply. The following is irrelevant.

snowbear21 wrote: »

My husband, a former naval officer, is a manager in a local business. I am a divinity student. We do not own a tv set and only listen to the radio twice a day, for the news. We are both teetotal, don't smoke, are extremely quiet, have not had any guests and certainly no parties - in fact, we had just finished unpacking. In short, we consider ourselves to be near perfect tenants.

franklee

snowbear21 wrote: »

Then there's the fact that the letting agency told us it was an "initial 6 month lease". Now we find out the lease is for ONLY 6 months. We would never have chosen this flat had we known we would have to move in 6 months time - we would have chosen somewhere else. Do we have any recourse whatsoever?

I sympathise with your point, it's a right pain to have to move after just six months, but as far as I know there isn't any recourse.

The S21 does sound valid to me so long as the deposit is protected as others have already said and so long as you have been given the prescribed information.

The timing does sound like the landlord was always intending to serve notice and was just waiting for the deposit to be protected.