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How much notice to I have to give to leave? Bit tricky...

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Comments

  • System
    System Posts: 178,377 Community Admin
    10,000 Posts Photogenic Name Dropper
    The original S21 was invalid as it did not terminate on a rent day and can therefore be deemed as not to have been served.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • BitterAndTwisted
    BitterAndTwisted Posts: 22,492 Forumite
    10,000 Posts Combo Breaker
    How can a Section 21 Notice issued after the new AST was signed be valid and bring the tenancy to an end?
  • theartfullodger
    theartfullodger Posts: 15,795 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 29 October 2011 at 6:28PM
    BitterAndTwisted wrote: »
    How can a Section 21 Notice issued after the new AST was signed be valid and bring the tenancy to an end?


    Only if for a break clause

    .. see..

    Court of Appeal

    Aylward v Fawaz
    (1997) CA
    Section 21 notice was effective in operating a break clause

    An assured shorthold tenancy granted for a term of one year from 1 July
    1995 included a break clause enabling the landlord to give one month’s
    notice to determine the tenancy after the expiry of the first six months. On
    13 February 1996 the landlord simply served a s21(1)(b) notice requiring
    possession on 13 April 1996.
  • Benji
    Benji Posts: 640 Forumite
    !!!!!! wrote: »
    The original S21 was invalid as it did not terminate on a rent day and can therefore be deemed as not to have been served.
    An s21(1)(b) does not have to end on a rent day - well no s21 has to, but I knew what you meant.
    Life should be a little nuts; otherwise it's just a bunch of Thursdays strung together.
  • Annisele
    Annisele Posts: 4,835 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Eskimo12345 wrote: »
    The landlord upped my rent then put the place up for sale a few days later.

    Since LL seems to want to sell, and you want to leave...there's likely to be room for negotiation, regardless of whether or not you're in a fixed term.

    If LL wants to sell, he's going to want people to be allowed to view / arrange surveyors etc. If you are in a fixed term until July 2012, then you could insist on your right to quiet enjoyment and not allow anybody into the property. Probably better for everyone if you came to a mutual agreement about when you leave.
  • Eskimo12345
    Eskimo12345 Posts: 147 Forumite
    Just thought I'd update this for the sake of completeness - my landlord has agreed to let me leave on the 8th December.

    However, my agent still insists that notices of possession can be withdrawn, and that the tenancy agreement can become invalid and valid again on the whim of the landlord! Reprehensible.

    Thanks for your responses :)
    I am not really an Eskimo. I can hear what you're thinking... "Inuit!"
  • BitterAndTwisted
    BitterAndTwisted Posts: 22,492 Forumite
    10,000 Posts Combo Breaker
    No, not on the whim of the landlord. Because said agent has an incomplete understanding (if they have any at all) of the current LL&T legislation.

    I sincerely hope that you've got the landlord's agreement for you to leave IN WRITING
  • Eskimo12345
    Eskimo12345 Posts: 147 Forumite
    BitterAndTwisted wrote: »
    I sincerely hope that you've got the landlord's agreement for you to leave IN WRITING

    Yes - and a voicemail :beer:
    I am not really an Eskimo. I can hear what you're thinking... "Inuit!"
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