Interpretation needed - help please.

MrJoe

Hi all.

We had our tenancy renewal come through before going on holiday offering the usual 6/12 and no renew options, upon return we have this letter to welcome us:

Re:tenancy of the above property

Further to our recent communications regarding the above we write to confirm that we have been asked by the landlord to confirm you will be vacating the property on the expiry of the present contract. The vacating date will be the 01 august 2011.

We hope this is satisfactory but if we can be of any further assistance please do not hesitate to contact us.

Thats it word for word. Do we take this as a get out by the 1st or are they just asking us to confirm if we do plan to leave at the end of the contract?

Regards, MrJoe

taxsaver

That latter, as it certainly does not comply with legal requirements in order for it to be a notice wanting possession. If you wish to remain I would suggest that you reply advising that you wish to stay on a rolling statutory periodic tenancy.

MrJoe

Thanks Taxsaver, We hope that is the case. Our LA sends the section 21b with the renewal. does that count as the legal requirement for taking possesion?

Regards.

taxsaver

Yes it does, provided it has been done correctly, however contrary to popular belief you do not have to leave simply because a S21 has been sent. You can sit tight and take your time as they need a court order to actually evict you. Most LL's want to keep good tenants so I'm sure they are just pushing you to respond really.

gordonbennet

MrJoe wrote: »

Our LA sends the section 21b with the renewal. does that count as the legal requirement for taking possesion?

Regards.

In that case, if it's correctly worded and if your deposit is properly protected, then you can assume that your notice has been served. Don't worry though they don't have the right to take possession yet, just that they will now be able to apply to the court for possession. Even after being granted possession you can't be evicted until they appoint court bailiffs, and that could be several weeks after the end of your fixed term.

The letter is probably just part of their standard procedure when they think a tenant is not renewing. It's likely that if you contact the agent on Monday to say you would like to renew, they will be happy for you to stay. If you want to allow the tenancy to go periodic, you have that right too - just tell them - but you will have less security of tenure as your notice (s21) has already been served and they can apply for possession at any time.

jamesd

Don't wonder, ask. If the landlord really wants you out on 1 August you'll be served a section 21 notice before then but it's better for you to have more notice of this.

G_M

Our LA sends the section 21b with the renewal. does that count as the legal requirement for taking possesion?

taxsaver wrote: »

Yes it does, provided it has been done correctly, .....

No it doesn't.

It is a legal nonsense to simultaneously renew a contract and give notice! The S21 has to be served AFTER the renewal - best advice to LL's is to do it the next day so that the dates prove the sequence of events, although in theory they could be served the same day provided the renewal was agreed/signed in advance of the S21.

As for your original question

We had our tenancy renewal come through before going on holiday offering the usual 6/12 and no renew options, upon return we have this letter to welcome us:

Re:tenancy of the above property
Further to our recent communications ...

Did you actually reply before going on holiday? If not, then clearly the LL is simply seeking clarification of your intentions.

taxsaver

G_M wrote: »

No it doesn't.

It is a legal nonsense to simultaneously renew a contract and give notice! The S21 has to be served AFTER the renewal - best advice to LL's is to do it the next day so that the dates prove the sequence of events, although in theory they could be served the same day provided the renewal was agreed/signed in advance of the S21.

I think one of us has misunderstood then... I took the OP to mean that the s21 had been sent with the INVITATION to renew - i.e. it was in the letter he rec'd just before going on holiday. You on the other hand have taken it to mean that the s21 was issued the same day as his tenancy contract 6 or 12 months ago.

G_M

taxsaver wrote: »

I think one of us has misunderstood then... I took the OP to mean that the s21 had been sent with the INVITATION to renew - i.e. it was in the letter he rec'd just before going on holiday. You on the other hand have taken it to mean that the s21 was issued the same day as his tenancy contract 6 or 12 months ago.

You may be right but the issue is the same.

Serving a S21 together with an invitation to renew would invalidate the S21.

Same legal contradiction. Either the LL wants the tenant to leave (S21), or wants the tenant to stay (renewal invitation). The LL cannot do both at once.

MrJoe

I meant that the s21b was sent along with the invitation to renew, sorry for any confusion. We have not sent the renewal back yet as it arrived 1 day before we left.

Cheers.

Benji

gordonbennet wrote: »

you can assume that your notice has been served.

Sorry, a s21 is not a notice to quit. Just because it has been served does not allow the tenant to leave without complying with their own notice requirements on eny day EXCEPT for the last day of a fixed term.