Private Rental Advice needed please

stressed_and_confused

Hello

I live in a rented house on an Assured Shorthold Tennancy Agreement that was initially for 6mths and is now on a month by month basis.

We have been having maintenance issues with the agent and landlord and they have chosen to give us notice rather than fix the problems. This is fine by me as I had already started looking as I had had enough of them.

Today I have received a "Noticing Requiring Posession" section 21 4a of the 88 housing act advising that they will take possession from a date mid February.

My questions are as follows

Can we still give notice to leave after 1 mth? The rental period is the 1st of a mth to the end of a mth so I would be giving notice until the end of Jan. We have found another property and are planning on going mid Jan.

Are they able to end the tennancy mid month in Feb given that we have to do it to end at the end of the rental period (31/1)?

Is there anything specific we need to say in the notice to quit other than we are leaving and the tennancy will end on the 31st Jan?

I have been trying Shelters helpline but they are constantly busy.
Thanks in advance
A very stressed MSE'r

adg1

You can offer your notice in the standard way as you say as you are still on a statutory periodic tenancy. Offer the 1 months notice to expire on a rent due date and all will be well.

The S21 is stating that they want possession of the property by a date in mid feb. Either way, you are still, currently, on a statutory periodic tenancy and hence you can abide by its rule of 1 months notice to expire on a rental due date.

Fire_Fox

Look on Shelter's website and run a search on these boards, your questions are pretty basic and do not need to be dealt with by Shelter's busy volunteers.

theartfullodger

adg1 is right...

However it is possible Landlord/agent have got the wording of S21 wrong & it is invalid.

Assuming AST started after 6th April 2007 any deposit should be protected in a deposit scheme... if it wasn't then the S21 will always be invalid..

Alternatively, if you want to stay, you don't need to leave when the S21 expires (mid-Feb) - assuming it is valid & correct... To get you out Landlord needs a court possession order: Even them to get you out he needs you are carried out by the Bailiffs: Realistically there should be a month-or-two after the S21 expires to get all this done..

However, if you go this route you might not get a good reference...

Cheers!

Lodger

tbs624

Fire_Fox wrote: »

Look on Shelter's website and run a search on these boards, your questions are pretty basic and do not need to be dealt with by Shelter's busy volunteers.

That's a bit harsh FF - not like you to be so abrupt.

tbs624

stressed_and_confused wrote: »

Assured Shorthold Tennancy Agreement that was initially for 6mths and is now on a month by month basis.
.......I have received a "Noticing Requiring Posession" section 21 4a of the 88 housing act advising that they will take possession from a date mid February. .........
.....Can we still give notice to leave after 1 mth? The rental period is the 1st of a mth to the end of a mth so I would be giving notice until the end of Jan. We have found another property and are planning on going mid Jan.

Are they able to end the tennancy mid month in Feb given that we have to do it to end at the end of the rental period (31/1)?

Welcome to MSE as a newbie.

There is obviously some confusion about what constitutes your rental period. It could be that your LL does not understand that their notice to you cannot be just a straight 2 months from now, any more than your own notice could be a straight one month from now.

Check back to the actual expiry date of your original Fixed Term agreement. Regardless of whether you pay your rent on the 1st of the month, if your FT contract ended on, say, the 14th of the month , then your rental period runs from the 15th to the 14th of all subsequent months. If, however, the expiry date was the last day of a month then clearly your rental period does coincide with your rent due date, and you can give written notice to your LL before 1st Jan to leave at the end of Jan.

Your local Private Sector Rentals Office at the Council can confirm this for you if necessary.

Fire_Fox

tbs624 wrote: »

That's a bit harsh FF - not like you to be so abrupt.

Apologies to stressed and confused.