A quick question about Section 21

voorheves

I was served a Section 21 Notice To quit almost two months ago - in the meantime I managed to agree with the estate agent that if I fulfilled certain conditions, they'd be willing to let me stay.

Now all the conditions were fulfilled and today they've sent me a letter stating that the landlord is WITHDRAWING the Section 21 notice.

Is this enough? Should I require more to make sure they would not be able to evict me nilly-willy?

I'm only confused because some websites say unless a new tenancy gets put in place Section 21 is valid regardless of what's said whilst tohers claim if there's an agreement of some sorts (in this case on paper) Section 21 becomes invalid.

I'd really appreciate some advice.

N79

That's fine. They would have to serve a new notice to evict you as the LL has taken a clear action, in writing, to rescind the previous notice.

The general principle is that after serving a S21, a LL must not take any action which is contrary to their wish to seek possession (eg by granting a new tenancy). Note that this does not mean that the LL must take action to evict, merely that they should not take any action which is contrary to their request for possession. Doing nothing does not contradict their notice so is fine.

voorheves

So I don't have to go and try to get a new tenancy of some sort? As it stands, they'd have to serve a NEW Section 21 before going for a possession order?

I know I might seem a little edgy but I always think I should cover all bases.

N79

voorheves wrote: »

So I don't have to go and try to get a new tenancy of some sort?

A statutory periodic tenancy (month by month tenancy) will arise automatically after the fixed period expires.

voorheves wrote: »

As it stands, they'd have to serve a NEW Section 21 before going for a possession order?

Correct. If you only had a verbal withdrawal then the advice would be to get the withdrawal in writing but your LL has already covered this (it sounds like this agent is actually switched on and somewhat knowledgeable).

voorheves wrote: »

I know I might seem a little edgy but I always think I should cover all bases.

Now you know you have!

voorheves

Don't give credit where it's not due. I made the agent write the letter! He was quite happy to just say it but I said I'd not be willing to pay anymore rent until he had confirmed it to me in writing.

Thank you very much for your help - you've given me a reason to enjoy the morning now!

Grogged

voorheves wrote: »

.. I made the agent write the letter! ...

Sorry, just to be clear - is the letter actually from the landlord?

If it is from the agent, do they the authority to sign on behalf of the landlord?

N79

voorheves wrote: »

Don't give credit where it's not due. I made the agent write the letter! He was quite happy to just say it but I said I'd not be willing to pay anymore rent until he had confirmed it to me in writing.

Thank you very much for your help - you've given me a reason to enjoy the morning now!

Fair enough - I was being generous.

Grogged wrote: »

Sorry, just to be clear - is the letter actually from the landlord?

If it is from the agent, do they the authority to sign on behalf of the landlord?

If the agent is the LL's agent then by definition they have that authority (unless the T has been specifically told otherwise). If they are not the LL's agent then the LL would have a duty to inform the T of this fact.

It is therefore safe to assume that a letter from the agent is fine - legally there is no difference between a letter from the agent and one from the LL.

franklee

voorheves, Looks like you've done good research as there is differing opinion about this. It seems the prevailing view in landlordzone ATM (http://www.landlordzone.co.uk/forums/forum.php) is that nothing short of a new tenancy agreement voids the S21. I'm of the older school of thought on the "Sword of Damocles" (as these S21's left dangling over a tenant are nicknamed) that a S21 has to be unequivocal and without reservation, some old notes from a well respected solicitor say:

"8. If the landlord agrees to the tenant extending the tenancy for say a week or ten days after the section 21 Notice expires then the Notice will be void and would have to be served again. Never agree an extension for a short period of time without the consent of the landlord, and warning him his Notice would be void.
9. If the landlord or agent writes offering to extend the tenancy any Section 21 Notice served prior to the letter or at the same time as the letter will be technically void, as there is a conflict between the two actions."

which makes sense to me.

Anyway well done for getting written confirmation of what the agent said!

franklee

N79 wrote: »

That's fine. They would have to serve a new notice to evict you as the LL has taken a clear action, in writing, to rescind the previous notice.

The general principle is that after serving a S21, a LL must not take any action which is contrary to their wish to seek possession (eg by granting a new tenancy). Note that this does not mean that the LL must take action to evict, merely that they should not take any action which is contrary to their request for possession. Doing nothing does not contradict their notice so is fine.

I agree with this but do you have anything to back it up? Example cases or expert opinion etc? If you do it would be useful to see as it comes up a lot.