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section 21 notice to quit
Comments
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Dates will be useful, but I'd be pretty confident of it being invalid anyway, given the accompanying letter talking about a new contract. Landlords are supposed to be unequivocal about seeking possession, they either want it or they don't. This is the equivalent of writing a letter saying 'I am thinking of getting the property back but also thinking about not getting it back'.0
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It was received a few days after 22nd May so is not valid.
Not necessarily. It depends on what the notice says.
Again, a notice based on section 21(1)(b) can expire on any date after the fixed term has ended provided it gives 2 months notice.
Technically it needs not even specify an expiry date as long as it does give 2 months notice before the landlord starts proceedings.0 -
You mean s.21(1)(b).jjlandlord wrote: »Not necessarily. It depends on what the notice says.
Again, a notice based on section 21(1)(a) can expire on any date after the fixed term has ended provided it gives 2 months notice.
Technically it needs not even specify an expiry date as long as it does give 2 months notice before the landlord starts proceedings.0 -
Unless of course this existing S21 is valid in which case the landlord's notice is already served ...jjlandlord wrote: »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.
Generally I really wouldn't recommend a tenant stay on a periodic tenancy with a valid S21 hanging over their head as that was their notice and they aren't entitled to more. This would leave a landlord free to start possession proceedings any time he likes. I appreciate that takes time but I don't think it wise for a good tenant to be exposed in that way unless really necessary, it's not going to look good on their references for a start.
If the S21 turns out to be valid then I'd be wanting either a new fixed term or the notice withdrawn by the landlord in writing.0
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