Section 21 (1) (b) notice requiring posession issued at START of new tenancy?

DEBTMONKEY1A

Artful dodger....sorry to be thick but what does IIRC mean? From the blue highlighted bit below I assume you mean because you have not physically gone to property & opened door with your new set of keys that the tenancy does not start until then?

IIRC only when you go back to the property and "take up possession" does the tenancy start. [Agent might try arguing that as your stuff is still all there that taking possession is unnecessary]. So signing/being given S.21 when signing tenancy probably results in invalid S.21.

Again sorry to be thick but don't quite understand 'Agent might try arguing that as your stuff is still all there that taking possession is unnecessary' ....how does this affect me at start of the tenancy?

Sorry...maybe not enough coffee!!!

theartfullodger

a) Lodger not dodger... I don't dodge...
b) IIRC - If I remember correctly... (you could always try "Google", becoming quite a popular web-site-thingy... see
http://lmgtfy.com/?q=iirc

IIRC only when you go back to the property and "take up possession" does the tenancy start. [Agent might try arguing that as your stuff is still all there that taking possession is unnecessary]. So signing/being given S.21 when signing tenancy probably results in invalid S.21.

- Yes, in my view: You'd only find out when you (and the agent) got to court though... but most Judges would probably be sympathetic, particularly if you got help from Shelter/CaB..

Again sorry to be thick but don't quite understand 'Agent might try arguing that as your stuff is still all there that taking possession is unnecessary' ....how does this affect me at start of the tenancy?

- Interesting.. at the start of a new "you've never lived there before" tenancy the tenancy does not actually begin before you take up possession (i.e. when you've signed the tenancy agreement, been given the keys & walk in to the place on your own..). However when renewed (as your G/F has been doing..) it could be argued (by an evil and devious agent) that as G/F's stuff is still there she is still "in possession" - again, as with all legal things, only finally find out who is right when it gets to court.. but the "needing to be in possession" bit is clear and there is lots of case law confirming it..

Cheers!

Lodger

DEBTMONKEY1A

Thanks again for your help.....I very much hope it does not come to any of this but good to know in advance.