section 21 notice to quit

1111

jjlandlord wrote: »

A section 21 notice is not a notice to quit. It just entitles the landlord to seek a possession order in court after it expires.
Your tenancy does not end until you surrender it, or are evicted by bailiffs.

Do not sign and return it! Looks like your landlord is hoping you will graciously provide a proof of service... Remember he will need such proof if he start court proceedings.

You should provide dates stated on the notice and date and fixed term period of your tenancy for us to check the notice's validity.



This is absolutely not a statutory requirement!
Looks like your landlord is confused or trying to pressurize you into a new fixed term.

When your current fixed term ends, if you remain in occupation a statutory periodic tenancy will arise. You'll be able to leave on a month notice and your landlord will be able to serve you a s.21 notice to expire on 2 months notice.

so she could just want me to sign a new tenancy? or is it to leave the house if i sign the section 21?

may_fair

1111 wrote: »

hi, i have just received a notice to quit from my landlord, i have lived in the house 2 year now and got this notice.
the landlord has not personally contacted me to explain this but it says i need to sign it and send it back to her.
does anyone know if this means i have to leave??

A s.21 notice is not a notice to quit. It does not end the tenancy nor oblige you to vacate. It merely entitles LL to apply for possession after the notice expires. You do not have to sign and return the notice.

the notice came with a letter that says

as you are aware by now, at this stage in your tenancy i am obliged to serve upon you a notice to quit.
this document is enclosed in duplicate and i shall be obliged if you will sign one copy where indicated and return the same to me please as quickly as possible.
this is a statutory requirement of the tenancy and i do not anticipate any problems in offering you a new tenancy prior to expiration of the existing one on the 22nd july 2011.

The fixed term may expire on 22nd July, but, assuming you have an AST in England/Wales, the tenancy will not end unless you move out on (or before) that date.

If you sign a new fixed term contract, this will invalidate the s.21 notice served. If you do not sign a new fixed term contract, but remain in occupation, then a periodic AST (a.k.a. rolling contract) will automatically arise. Same terms as the current contract (e.g. rent payable etc) except for any provisions relating to giving notice.

jjlandlord

1111 wrote: »

so she could just want me to sign a new tenancy? or is it to leave the house if i sign the section 21?

Clearly, from what you said she seems happy for you to stay. Perhaps she does not know about statutory periodic tenancies.

You will not have to leave if you sign the notice, but you will provide your landlord a written proof that you received it. There's no point in that, is there?

It is worth calling your landlord to clarify her intent and tell her that you do not have to sign a new agreement. But don't put things down in writing and there is not even need to acknowledge reception of the notice.
If she does insist on having a new fixed term it's up to you to accept or negotiate the conditions.

RAS

1111 wrote: »

hi, it was second class

Others may differ but I think you LL has shot herself in the foot here.

A letter dated 20 May posted 2nd class could not arrive on May 21 in time to be accepted a service of notice to leave on July 22. Your contract will automatically revert to a statutory periodic tenancy on July 23. Just let it continue, if that is what you want.

Do not sign and return.

if she wants you out, she needs send a proper valid S21 in time for an August 22 deadline.

SAve that envelope.

may_fair

1111 wrote: »

so she could just want me to sign a new tenancy?

That's what it looks like.

or is it to leave the house if i sign the section 21?

The s.21 is either valid or not (depending on whether LL served it in time/got the dates right). It makes no difference to its validity whether you sign it or not. Either way, the notice does not mean that you must vacate at notice expiry. It is not a notice to quit.

The only way that the LL can unilaterally end the tenancy is by serving valid notice, then applying to the court for a possession order, then getting a bailiff to enforce the possession order. All this takes months.

may_fair

RAS wrote: »

SAve that envelope.

Pointless to do so. The onus would be on the LL to submit evidence of service if she applies for possession. She either has that evidence or she doesn't.

jjlandlord

RAS wrote: »

Others may differ but I think you LL has shot herself in the foot here.

A letter dated 20 May posted 2nd class could not arrive on May 21 in time to be accepted a service of notice to leave on July 22. Your contract will automatically revert to a statutory periodic tenancy on July 23. Just let it continue, if that is what you want.

Do not sign and return.

if she wants you out, she needs send a proper valid S21 in time for an August 22 deadline.

SAve that envelope.

A section 21 notice served during the fixed term (section 21(1)(b) ) can expire at any time after the fixed term and only has to provide 2 months notice.
So if it was received on 22nd May then as long as landlord starts court proceedings after 23rd July it should still be fine in principle.

Tenancy will continue as periodic after the 22nd July whether the notice is valid or not as long as OP remains in occupation.

martindow

jjlandlord wrote: »

So if it was received on 22nd May then as long as landlord starts court proceedings after 23rd July it should still be fine in principle.

It was received a few days after 22nd May so is not valid.

may_fair

1111 wrote: »

hi, it came tuesday dated 20th may

Can you tell us:

• Date (dd/mm/yy) fixed term commenced
• Length of term and whether an 'end' date is specified
• Date you received the s.21 notice
• What does the notice actually say - does it specify an expiry date, or does it just say the LL requires possession after two months? Either way, please quote the wording.
• Did you pay a deposit and, if so, is it protected by a scheme and were you given the prescribed information?

If you answer these questions, then we can establish whether or not the notice served is likely to be valid.

may_fair

martindow wrote: »

It was received a few days after 22nd May so is not valid.

It depends when the notice expires. And OP hasn't told us that.