Is it normal to extend tenancy by a week etc?

peppagirl

may_fair wrote: »

No. A s.21 notice is not a notice to quit; it does not end the tenancy nor oblige T to vacate. It merely entitles the LL to apply for a possession order after notice expiry.

If T ups and leaves at the expiry of a s.21 served during a periodic tenancy, without serving proper notice himself, he will be liable for rent in lieu of notice.

I hope I never end up with you as a Landlord, I have seen lots of duff advice from you. The text I have boldened is untrue, talk about having your cake and eating it!

PG

daisiegg

Thanks for all the advice.

I have texted the landlord (no reply to calls as he's on holiday).

We've always had a good relationship with him and he's been very easy going. He hasn't fixed things particularly quickly, but we've never moaned! He's a teacher like me so we always have that in common to chat about when we see each other. Anyway I've phrased the text as best I can and can only keep fingers crossed now!

may_fair

may_fair wrote: »

No. A s.21 notice is not a notice to quit; it does not end the tenancy nor oblige T to vacate. It merely entitles the LL to apply for a possession order after notice expiry.

If T ups and leaves at the expiry of a s.21 served during a periodic tenancy, without serving proper notice himself, he will be liable for rent in lieu of notice.

peppagirl wrote: »

I hope I never end up with you as a Landlord, I have seen lots of duff advice from you. The text I have boldened is untrue, talk about having your cake and eating it!

PG

I believe I have correctly stated the law. HA1988 makes it very clear that a s.21 notice does not end the tenancy. The notice is a formality required before LL may apply to the court for a possession order; it has no other effect.

See s.5(1)(a):

An assured tenancy cannot be brought to an end by the landlord except by—
(a) obtaining—
(i) an order of the court for possession of the dwelling-house under section 7 or 21, and
(ii) the execution of the order,

It cannot be the case that Tenant A may assert, with the authority of statute behind him, that the s.21 notice does not end the tenancy, and Tenant B may assert that it does if he decides it does.

If you believe my advice is incorrect (either here or elsewhere), I am happy to be challenged, but you need to explain why you think I'm wrong; for example, in this case, why you believe that a LL's s.21 notice does end the tenancy at notice expiry, thus entitling the T to vacate without notice.

may_fair

bizzybee wrote: »

If you are on a monthly rolling contract it sounds as if you are in 'periodic'. My understanding is that once you are in periodic you still have to give a month's notice but you are no longer tied to the rental due date that was in the original AST which sounds as if it was the 5th of each month. Therefore you could give a month's notice on 10th August to move out on 9th September.

In a statutory periodic tenancy, the T must give at least one month's notice, also expiring at the end of a tenancy period.

peppagirl

may_fair wrote: »

I believe I have correctly stated the law. HA1988 makes it very clear that a s.21 notice does not end the tenancy. The notice is a formality required before LL may apply to the court for a possession order; it has no other effect.

See s.5(1)(a):

It cannot be the case that Tenant A may assert, with the authority of statute behind him, that the s.21 notice does not end the tenancy, and Tenant B may assert that it does if he decides it does.

If you believe my advice is incorrect (either here or elsewhere), I am happy to be challenged, but you need to explain why you think I'm wrong; for example, in this case, why you believe that a LL's s.21 notice does end the tenancy at notice expiry, thus entitling the T to vacate without notice.

If you give your tenant notice that you require possession on such a such date, and your tenant gives you the possession you require on the date that you specified, why should they be stung for a further rental period. You have got what you wanted surely? If that means that you are left with a void because you did not discuss with your tenants what there intentions were, well that is your problem.

PG

IronWolf

may_fair the tenant does not need to give notice if a section 21 notice to quit is issued. Have you ever even read a Section 21 notice to quit?

What kind of moron would think that?