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Section 21 withdrawal
amy104
Posts: 283 Forumite
If my landlord has changed their mind about the section 21 they issued how do I safeguard myself so that they must give me 2 months notice if they change their minds again?
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Comments
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Sign a new tenancy agreement with a new fixed period.0
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Formally, your landlord should grant you a new tenancy in order to render the notice void.
This needs not be a new fixed term tenancy, though, could be a contractual periodic AST.
If you want to fall back quickly on a statutory periodic tenancy you could agree to a fixed term tenancy of just 1 month.0 -
So if we dont want to sign a fix term we can just get a new contract for a periodic tenancy?0
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Also would the LA be able to impose a admin fee for this new contract?0
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So if we dont want to sign a fix term we can just get a new contract for a periodic tenancy?
Yes - or a tenancy with a fixed term of 1 month, as suggested by JJlandlord (the effect is the same).Also would the LA be able to impose a admin fee for this new contract?
That depends on their contract with your LL. Your LL could demand a fee for signing a new agreement with you (which may appear in the form of an agent's fee).0 -
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Ok thank you.0
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Ok so they wont issue a new contract. Should we just cut our losses and find somewhere else? Am I right in thinking that if we continue to live there they can issue court proceedings at any time after the two months notice has passed?0
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Ok so they wont issue a new contract.
Did they change their mind about the s.21 notice, then or not?
This does not seem to be coherent.Am I right in thinking that if we continue to live there they can issue court proceedings at any time after the two months notice has passed?
Correct.0 -
jjlandlord wrote: »The LA cannot impose fees on you as he works on the landlord's instruction and you have no commercial relation with him.
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?? I've seen cases where an LA got T to sign an agreement to terms such as fees for renewals and also charges if contract made direct with LL not through LA, and LA then pursuing T for those charges. Some tenancy agreements may mention renewal fees I think...
For the avoidance of doubt I regard all those practices as wrong, but it happens..0
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