Is the S21 valid?

bazzaboo

Hi
My contract runs out in feb and I took on the rental on the understanding that it will be longterm.
To my surprise I received a Section 21 notice from LA. Included was a letter asking me if I wanted to stay in the house for an extra 6 or 12 months subject to LL approval.
That totally confused me so I rang my LL and ask what is happening whether he wanted me out or extend the contract. Turns out LL didn't know that LA served S21 and never instructed them to do so. He thought the tenancy would just go periodic. We agreed that I should ignore the S21.
Today I receive another letter from LA to tell me I could extend for another 6 mths to sign the letter and send a cheque for 70odd quid for fees. If I don't sign and pay the S21 would still stand.
Now I do want to stay in the property but do not want to pay the fee just for them to file my signature.
If I ring my LL again and confirm that I can stay, can the LA say it is still valid and start court proceedings to get me out? Please note the LL manages the property and he used the LA only as a tenant finder. That's why I'm baffled they even wrote to me in the first place. (Probably to extort more money from me).

BitterAndTwisted

What you need to understand as that the LA is the servant of the landlord not the other way round. Some agents will do absolutely anything to squeeze another fee out of the tenant and this is just one of their many ploys Therefore you should just go ahead into your statutory periodic tenancy and ask your landlord to have a work with the agents. The agents may have served the S21 but won't go ahead and seek possession via the courts without the landlord's say-so as they will be the ones paying the costs for it.

princeofpounds

Please note the LL manages the property and he used the LA only as a tenant finder.

That's why they are so keen - they will get proportionately more of their fees from finding a new tenant or renewing.

You should just ask the LL for a written confirmation that he is fine for you to continue to occupy the place (although this is not really necessary and would only be practically useful if LL changed his mind suddenly) and that will invalidate any past s21 issued.

You should also ask him to give the LA a quick b*ll*cking as they are trying to screw him over as much as you.

Only the LL can actually take you to court to enforce the S21.

G_M

As Bitter says, the agents are trying to get you to renew so they can charge a fee. Ignore them. Your contract is with your landlord, who has said he is happy for you to go periodic.

Drop him a polite note (NOT the agents) confirming your phone call, thanking him for clarifying his position, and confirming that you wish to continue as a periodic tenant. Ask him to confirm he is happy with this.

That way you cut out the (fee-seeking) middleman!

lynzpower

Does take the Pee a bit to charge a "tenant finding fee" when the tenant was already found and still living there

I expect that the letting agent wont tell the LL about this as the LL wont be getting a cut of it and they are just making money for themselves.

Nice!

BitterAndTwisted

It's as clear as day that the agents can get more money from frightening off good tenants wanting to stay long-term so the agents can score their "tenant-finding" fee out of the landlord, and if they can't get that they'll squeeze a fee out of the tenant for re-signing. God, some of them stink don't they?

bazzaboo

Thank you all, when I was looking for a property I was keen to get one that is managed by a LL so I wouldn't have to pay extortionate fees to LA just to renew. (A friend of mine had to pay every 6 mths to renew for years).
I will call the LL again and confirm that I go periodic and will follow up with a letter.
LA are a law to themselves thats for sure.
I bet they would charge my LL too for extending the contract.

franklee

bazzaboo, do get written confirmation from the landlord that he voids the S21 and is happy for you to remain on a periodic tenancy. If you fail to do this you may be in trouble if ever the landlord changes his mind and decides to action the S21. It's always best to have these things in writing as people do sometimes change their minds e.g. if their circumstances change unexpectedly they may want you to leave.

If you don't have anything in writing voiding the S21 then in theory it may still be valid meaning you won't be entitled to anymore notice should they want you to leave in the future. Personally I think the agent's letter voids the S21 as it's asking you to both stay and leave, but some of the landlords on here think they can do that and keep the S21 valid. Searching this forum for "Sword of Damocles" will bring these past discussions up.

So it's best to be definite and get the landlord to confirm in writing so you both know where you stand and have proof of that.

moromir

Most importantly - just ask the Landlord to confirm with his agent that hes happy for you to stay on an SPT and ask for a copy of the letter for your records.

Theres a lot of "spawn of evil letting agents as usual" type replies without anyone pointing out theres an awful lot of novice landlords out there who probably dont realise they should be telling the agent that theyre happy with an SPT, or lazy ones that just don't bother.

DVardysShadow

moromir wrote: »

...
Theres a lot of "spawn of evil letting agents as usual" type replies without anyone pointing out theres an awful lot of novice landlords out there who probably dont realise they should be telling the agent that theyre happy with an SPT, or lazy ones that just don't bother.

Agents who go ahead and try to claim renewal fees without clarification one way or the other over whether the novice LL is happy with a SPT ARE the spawn of the devil