Renting & Section 21

sharpee

Ok so my partner and I rented a house back in January on a 6 month contract. :beer:We would have liked a 12 month but the LA would only do a 6 month, I guess they want there renewal fee! :mad:

Anyway our contract expires and I'm not totally sure if we've been served the Section 21 to quit the property.

In our contract it states:

The tenancy shall start on and include the 22 Jan 2010 and shall end on and include the 21 Jul 2010.

It then states:

Type of Tenancy
This Agreement is intended to create an Assured Shorthold Tenancy as defined by section 19A of the Housing Act 1988 (as amended) and shall take effect subject to the provisions for the recovery of pocession set out in section 21 of that Act.

Does that mean they have served Section 21 or they will serve it at the end of the tenancy to recover pocession of the house?

Sorry if this is a stupid question but struggling with the long winded description!

Thanks in advance

sequence

No doesn't look like it, thats just a clause saying that they can serve a sect 21 not that they have.

Double check all of your paperwork just in case there is a sect 21 though!

sharpee

Having never seen one is a Section 21 an Official Form and not just a clause in the Tenancy Agreement?

If so then we haven't received one so I am assuming we're ok for at least another 2-3 months.

clutton_2

this is not as Section 21 notice

tyllwyd

This puts it into quite simple language
http://www.landlordzone.co.uk/notice_to_quit.htm

tbs624

sharpee wrote: »

...We would have liked a 12 month but the LA would only do a 6 month, I guess they want there renewal fee! :mad:

Anyway our contract expires and I'm not totally sure if we've been served the Section 21 to quit the property.

No, your *Fixed Term* expires. If you haven't been served a S21 and you remain in occupation of the property beyond the FT expiry date then the law allows for a Statutory Periodic Agreement to arise. This means that the terms of the original agreement all stand, except for "determination", ie the ending of the tenancy. Two months notice from LL, or one from you as the T.

A s21 has to be served after any tenancy deposit has been scheme-registered so even if it had been included within your original agreement it wouldn't stand.

Talk to the LL direct if you are having difficulties with the LA: the fact is that most new tenancies are offered for just 6 months , as a way of limiting potential losses, until a T has "proved" themself to be reliable. (A T may of course simply go rotten after that time, regardless...;)) Many LLs have little idea what their LA says and does on their behalf, and no LL wants to lose a "good" T because of an idiot LA.

G_M

As tbs says, if you want to stay, just stay. You have not been given a S21 notice . If you are offerred a new contract (6 months or whatever) at a cost of £X 'renewal fee', say no.

as soon as your 6 months ends, if you stay one extra day, you become a periodic tenant. You have all the same terms/rights and can continue until you wish to leave (give 1 months notice) or the LL wishes you to leave (2 months notice).

sharpee

Thank you for all the helpful replies. I thought this was the case but wanted to check before I spoke with the LA as they don't seem to know the law (which is worrying although puts us at an advantage) so wanted to make sure one of us was talking sense!

chihuahuabear

Thanks for putting the landlordzone link on, I was getting confused by all the Section 21 talk. I'm looking into renting a flat soon and this has been helpful. Cheers

tbs624

chihuahuabear wrote: »

Thanks for putting the landlordzone link on, I was getting confused by all the Section 21 talk. I'm looking into renting a flat soon and this has been helpful. Cheers

There's a "sticky" up at the top of th eboard which has helpful guidance for those new to renting.:)

tbs624

sharpee wrote: »

Thank you for all the helpful replies. I thought this was the case but wanted to check before I spoke with the LA as they don't seem to know the law

... An LA not being au fait with the law is nothing new, unfortunately. Many of them simply specialise in talking Bovine Manure with an authoritative voice You can set up in business as an LA with no training, no qualification, no expertise, no common sense and no common courtesy. All that stands between a talentless A level -flunking sixthformer and the job is the acquisition of a polyester suit and a novelty tie..........