Renting: Notice to vacate property, done correctly?

F_T_Buyer

Hi All,

I'm writing on behalf of my parents who have been renting a house. They have just been issued with a section 21 notice to vacate giving two months notice, however there are two issues:

The facts:
Moved into house 27th July 2010 on 6month contract.
Contract renewed 27th Jan 2011 for a further 6 months (expires 26th July).
They pay rent on the 27th of each month.

They have now received a letter stating:

I give you notice under section 21 of the Housing Act 1988 that I require possession of the dwelling house known as: (address) After 01/08/2011

Now, correct me if I am wrong but as the Fixed Term tenency expires on the 26th July, the tenancy would then move to an "Assured Shorthold Tenancy" therefore the end of the tenancy period must co-incide with the 26th but still give two months notice, so the earliest they could issue this is 26th August?

2nd Issue
2nd Issue is they never received a letter, just a phone call on the 7th saying 'did you receive it'.. no is the answer and then they post one copy (and emailed it) with it dated 1st June 2011. They received this on the 7th.

Putting this aside they want to move out at the end of august. Also they want to keep things 'straight' with the letting agent, so if my assumption is true (bold above) they want to get the LA to issue a correct section 21 notice.

Thanks for your help.

Hump

They have an assured shorthold tenancy already - it becomes a statutory periodic tenancy after the 26th July. The landlord just has to give 2 months notice as the notice is being served in the fixed term. Problem is that they have not had 2 months notice, rather a little less than that. I'd say the notice was not valid because of that reason. It's easy for the lettings agent to rectify - serve a fresh notice!

jjlandlord

F_T_Buyer wrote: »

Moved into house 27th July 2010 on 6month contract.
Contract renewed 27th Jan 2011 for a further 6 months (expires 27th July).

If second contract started on the 27th Jan. for 6 months it expires on 26th July, not 27th.

F_T_Buyer wrote: »

Now, correct me if I am wrong but as the Fixed Term tenency expires on the 27th July, the tenancy would then move to an "Assured Shorthold Tenancy" therefore the end of the tenancy period must co-incide with the 27th but still give two months notice, so the earliest they could issue this is 27th August?

No. A section 21 notice served during the fixed term (thus under section 21(1)(b) )may expire on any day as long as it does after the fixed term's expiry and it gives at least 2 months notice.
A notice served on the 7th June cannot expire on the 1st August, but on 6th or 7th August (depending if day of service is included in notice, and I'm not sure what the rule is, if any).

F_T_Buyer

Sorry, yes it ends 26th July. I have now edited - just want to get all facts down here.

F_T_Buyer

jjlandlord wrote: »

No. A section 21 notice served during the fixed term (thus under section 21(1)(b) )may expire on any day as long as it does after the fixed term's expiry and it gives at least 2 months notice.
A notice served on the 7th June cannot expire on the 1st August, but on 6th or 7th August (depending if day of service is included in notice, and I'm not sure what the rule is, if any).

Ok, the post mark on the envelope states 7th June. So I guess it's that day.

My assumption comes from, which could be interpreted different ways:

(1)Without prejudice to any right of the landlord under an assured shorthold tenancy to recover possession of the dwelling-house let on the tenancy in accordance with Chapter I above, on or after the coming to an end of an assured shorthold tenancy which was a fixed term tenancy, a court shall make an order for possession of the dwelling-house if it is satisfied—

(a)that the assured shorthold tenancy has come to an end and no further assured tenancy (whether shorthold or not) is for the time being in existence, other than [F1an assured shorthold periodic tenancy (whether statutory or not)]; and

(b)the landlord or, in the case of joint landlords, at least one of them has given to the tenant not less than two months’ notice [F2in writing] stating that he requires possession of the dwelling-house.

(4)Without prejudice to any such right as is referred to in subsection (1) above, a court shall make an order for possession of a dwelling-house let on an assured shorthold tenancy which is a periodic tenancy if the court is satisfied—

(a)that the landlord or, in the case of joint landlords, at least one of them has given to the tenant a notice [F4in writing] stating that, after a date specified in the notice, being the last day of a period of the tenancy and not earlier than two months after the date the notice was given, possession of the dwelling-house is required by virtue of this section; and

(b)that the date specified in the notice under paragraph (a) above is not earlier than the earliest day on which, apart from section 5(1) above, the tenancy could be brought to an end by a notice to quit given by the landlord on the same date as the notice under paragraph (a) above.

The interpretation I find here: http://www.tenancyagreementservice.co.uk/section-21-notice-to-quit.htm

F_T_Buyer

Also, the letter that my parents have been asked to sign has the landlord name wrong (spelt wrong) and the part where they need to sign (which shows their printed name with a ":") shows the completely wrong name.

jjlandlord

F_T_Buyer wrote: »

My assumption comes from, which could be interpreted different ways

What 'assumption'?
As said a s21 served during fixed term (s.21(1)(b)) can expire on any day after the fixed term. Only notices served after the fixed term (under section 21(4)(a)) have to expire with a tenancy period.

jjlandlord

F_T_Buyer wrote: »

Also, the letter that my parents have been asked to sign has the landlord name wrong (spelt wrong) and the part where they need to sign (which shows their printed name with a ":") shows the completely wrong name.

Tell them not to sign anything! Why would they provide the landlord a proof a service?
But if their names on the notice is completely wrong (ie. not a simple typo) I think that would invalidate the notice.

F_T_Buyer

jjlandlord wrote: »

What 'assumption'?
As said a s21 served during fixed term (s.21(1)(b)) can expire on any day after the fixed term. Only notices served after the fixed term (under section 21(4)(a)) have to expire with a tenancy period.

Ok, that's where I wanted clarification. Thanks, after further reading this is correct. However the legislation doesn't state what you just said, it just doesn't say it has to end on a specific rental date - hence my confusion.

What do you think about the name being wrong?

jjlandlord

F_T_Buyer wrote: »

However the legislation doesn't state what you just said, it just doesn't say it has to end on a specific rental date - hence my confusion.

Yes it does! in section 21(4)(a) that you quoted yourself:

(a)that the landlord or, in the case of joint landlords, at least one of them has given to the tenant a notice [F4in writing] stating that, after a date specified in the notice, being the last day of a period of the tenancy and not earlier than two months after the date the notice was given, possession of the dwelling-house is required by virtue of this section;

Only applicable when notice served after fixed term because:

(4)Without prejudice to any such right as is referred to in subsection (1) above, a court shall make an order for possession of a dwelling-house let on an assured shorthold tenancy which is a periodic tenancy if the court is satisfied—

G_M

What have your parents been asked to sign? There is no need for them to sign anything.

Having said that, since your parents "want to move out at the end of august. Also they want to keep things 'straight' with the letting agent," then the best approach is to ignore the legalities and reach an amicable agreement.

They should speak to the landlord, or his agent, and discuss a mutually convenient date to end the tenancy. These things are far better done like that than by antagonising the other side by arguing over the legal niceties.

The fact that the S21 may be faulty (issued too late/with wrong date) is to your parents advantage IF it ever comes to court. So just keep quiet about it (certainly don't sign an acknowledgement or similar).

But far better NOT to go to court. Just agree a move-out date, confirm it in writing, and then move out. Everyone wins!