Tenancy Help.Please

jendick

Hi this is my first post so hopefully I have put in in the right area.

I signed a Assured Shorthold tenancy for 1year. The fixed term ran out of the 21st of August.The Landlord served me 1 months notice on the 20th August, as I didnt want to sign a new fixed term deal. I dont think this is correct as I thought they had to give 2 months notice? when i questioned them they said we not longer had a contract as the fixed term had ran out.

So really i just want to double check if they can do this?

Thanks in advance
Jen

BitterAndTwisted

When you said you were served with one month's notice what form did this notice take?

jendick

sorry i should have said they send a Section 21 notice

Wee_Willy_Harris

From the pages of the Suzy Butler School of Landlording perhaps?

tbs624

A s21 Notice has to give two months Notice to the T, has to tie in with the rental periods and will not be valid if your tenancy deposit (E/Wales) has not been scheme registered. Note that a S21 Notice date is when the LL would like the property back: s/he has to proceed to court if you do not move out.

Cissi

I agree with what's been said above: she does have to serve you with an S21 and give you two months' notice - plus she can only do this in the first place if she has protected your deposit correctly - with one caveat: all of this only applies if your rent is less than £25,000 a year. IF this isn't the case, then your tenancy would fall outside the rules for an AST.

I hope for your sake that your rent comes in under the threshold and your LL is just unforgivably ignorant of the law...

jendick

Thanks for all the replys. my rent is under £25000 and deposit was protected.I think the letting agent are just at it!!

I thought they had to give 2 months notice, has looked uo the shelter website but just thought i would double check I was right on here. I can at least not speak to them tomorrow about it

Thanks again fot the help
Jen

PasturesNew

If you want to play silly bugg4hs, just don't tell them they did it wrong ... then they'll find out you don't move out on the 21st September and by the time they get their act together it'll be 23rd September and then they can only issue a revised S21 that runs from October to 21st December, making 21st December your last date.

Depends what you expected, were lead to believe at the start, what you intended, if you want to move out, if you want to play silly bugg4hs.

So, before you speak to anybody, think about what YOU want. Maybe, really, getting out in a month is a blessing in disguise.

tbs624

Cissi wrote: »

- with one caveat: all of this only applies if your rent is less than £25,000 a year. IF this isn't the case, then your tenancy would fall outside the rules for an AST.

It's more than one caveat - there are other circumstances under which the tenancy agreement may not be an AST ( see Schedule 1, HA 1988) That rent threshold is due to increase to 100K this autumn btw:)

princeofpounds

It's worth contacting your landlord direct - often letting agents send section 21s to try to force a new contract (which they can charge for) without the knowledge of the LL.

theartfullodger

There's good advice above and see specifically

http://england.shelter.org.uk/get_advice/renting_and_leasehold/private_tenancies/assured_shorthold_tenancies#3

Notice requirements


Your landlord has to give you written notice if s/he wants you to leave. If your landlord is claiming you have done something wrong (such as not paying the rent), you may only get two weeks' notice.
However, if your landlord doesn't have a reason to evict you, the notice must be at least two calendar months or the same period for which rent is paid, whichever is longer. If your tenancy is periodic, the notice should end on the last day of a tenancy period (the day before your rent is due).
If you don't leave by the end of the notice period, your landlord can apply for a court order.
Court order

You cannot be evicted before your landlord has gone to court and the court has agreed to your landlord regaining possession of the property. The court's permission is on a written notice known as a possession order. The court has no choice but to make an order to evict assured shorthold tenants if the correct procedure has been followed. You may be able to ask the court to delay the order but this can only be done for up to six weeks, and only if you face exceptional hardship.
You will be given the chance to provide information to the court to help the judge decide whether or not you should be evicted. You can send information to the court and/or go to a hearing.
If you don't leave by the time a court order takes effect, your landlord can ask the bailiffs to physically remove you from the property.

It is surprising how often landlords, agents & even solicitors get the paperwork for S21 notices & court papers wrong: Sigh! What a shame...


Cheers & don't let those dodgy agents & landlords get you down...


Lodger