sudden notice by landlord

theartfullodger

piglet25 wrote: »

Just out of interest, what would be the case if the deposit hadn't been placed with scheme and just popped into the LL back pocket?

Then any S21 notice is invalid - and remains invalid even if subsequently put in scheme etc.. so LL would have to issue a new S21. However in this case it's not a valid S21 anyway due to no 2 months notice...

theartfullodger

Rabster8 wrote: »

The Landlord may have made an honest mistake about the notice period required.
How about politely point out that he should give you two months notice, then find another place? .

Well, you could... or, strategy "B" would be to not respond or reply, not leave when he wants you to, wait until he takes court action & then challenge that action (and win..) as he's not given 2 month's notice... He'll then need to issue valid S21 notice & round the loop we go again. Probably take him 6 months from today if he don't realise his problem until the court case is heard...

However, you probably won't get a very good reference if you take that approach.. so decision, remain on good terms with LL & get reference (tell him) or spin things out for as long as you can (your absolute legal right...)

Cheers!

Artful (LL since 2000)

PS It would help if the LL in this case if he "politely" adhered to correct legal practice & didn't try to cheat the tenant out of their rights.... Expecting the tenant to behave entirely politely in such circumstances may lead to disappointment, notwithstanding Luke 6:27-31

N79

Rabster8 wrote: »

The Landlord may have made an honest mistake about the notice period required.
How about politely point out that he should give you two months notice, then find another place? If you are on a monthly periodic contract surely it was recognised and accepted that either party might give relatively short notice to quit, otherwise you would have gone for a more secure 12 month tenancy agreement.

Seems a lot of people on this thread want you to start a war when theres a proper and right way of doing things.

Or the LL may be criminally harassing a T in an attempt to prejudice the T's rights, position and illegally force them from their homes. Either way, the LL should know and obey the law and any LL that is ignorant of such basic LL responsibilities is a pratt. That maybe harsh, but it is my strongly held opinion.

theartfullodger

Agree with N79

watchingmymoney

I'm afraid I fired off an email to the LL (as I was angry) telling him that by law he had to give me 2 months notice and it came into effect from the rent day (which I actually gave him the wrong date by 1 day which is no big deal). I was very polite and didn't say anything more than that (I do not want to be accused of anything). I did not mention the S21 though as I had thought a simple letter from him telling me to vacate was all he was required to do. Thanks again for letting me know he must issue a S21 form and not just a letter! Useful info in case he does decide to be difficult, although I will just move by 25 March (despite additional expense for me and very inconvenient timing) otherwise I do not think he will provide a good reference (I've been his tennant since May 2007).

N79

angrypirate wrote: »

It legally has to be the specific S21 form. Hold off on telling him tho - if you notify him on the 26th Jan he cant evict you until 25th April as the notice has to be 2 complete rental periods (ie months).

watchingmymoney wrote: »

I'm afraid I fired off an email to the LL (as I was angry) telling him that by law he had to give me 2 months notice and it came into effect from the rent day (which I actually gave him the wrong date by 1 day which is no big deal). I was very polite and didn't say anything more than that (I do not want to be accused of anything). I did not mention the S21 though as I had thought a simple letter from him telling me to vacate was all he was required to do. Thanks again for letting me know he must issue a S21 form and not just a letter! Useful info in case he does decide to be difficult, although I will just move by 25 March (despite additional expense for me and very inconvenient timing) otherwise I do not think he will provide a good reference (I've been his tennant since May 2007).

I see that you have got the idea that there is a fixed S21 form from angrypirates post. Unfortunately, your interpretation of their post is wrong.

There is no fixed "form", as in layout on the paper for a S21 notice but there are elements (forms) that must exist on any actual notice given. Hence a letter can be a valid S21 notice provided that it meets the technical criteria for such a notice (they are laid out in S21 of the Housing Act 1988 as amended).

G_M

N79 wrote: »

I see that you have got the idea that there is a fixed S21 form from angrypirates post. Unfortunately, your interpretation of their post is wrong.

There is no fixed "form", as in layout on the paper for a S21 notice but there are elements (forms) that must exist on any actual notice given. Hence a letter can be a valid S21 notice provided that it meets the technical criteria for such a notice (they are laid out in S21 of the Housing Act 1988 as amended).

N79 is right. S21 details are here.

watchingmymoney

Thank you for the info! So my LL still has to respond to my email telling him he needs to give me 2 months notice, correct? I had told him in the email that ..."If you wish me to vacate, I will vacate by 24 March." He is still required to respond and officially give me the 2 months notice (from day before rental payment) isn't he? I have not said outright that I'm giving notice, rather that it is dependent on him.
Thanks again!!