Being served notice by my landlord

spiraltribe

I've been living in my current flat for just over 2 years. The contract was for 1 year, from 05/10 to 05/11. However, I was never asked to renew my contract after it officially expired. I continued to pay rent via standing order. He's now given 2 months notice as of May 5th. However, I only discovered this when he rang me this Thursday, to ask if I received his letter (which I hadn't; I received a copy only yesterday). His reply was the old "it must have gotten lost in the post". He explained that his daughter wants to move in, but that I shouldn't rush to leave. I told him that I prefer to leave sooner, rather than later & that I intend on leaving by June 5th. However, he's telling me I have to give him 1 month's notice. Since he's terminating the tenancy, how much notice am I supposed to give him? Will I still be liable for part/or all of June's rent?

G_M

This post will explain how much notice he has to give you.

Also how much notice you have to give him.

Werdnal

He is not terminating the tenancy as no LL in England or Wales can actually do that. The notice is (or should be) notice he is seeking possession. That means in 2 month's time, you do not actually have to leave, but if you don't, he can apply to the courts for a possession order which will terminate the tenancy.

What form did the notice take? Does it mention Section 21 or S21 anywhere?

Did you pay a deposit at the start of your tenancy? Is it protected in a scheme and did LL give you the prescribed information from the scheme he used? If not, then any notice he issues you is invalid until he returns your deposit in full!

Also, if LL is expecting the notice to take effect from 5th May + 2 months, he needs to show the courts proof that you received it on or before 5th May. If as you say, you didn't, then the notice is also invalid.

As the notice/LL does not terminate the tenancy, you still need to give your notice if you want to leave early. As you have not signed another fixed term, you are in an SPT, or Statutory Periodic Tenancy, so the notice is 1 month to co-incide with the end of the monthly rental period.

If for example, your rent runs from 5th - 4th of the month, then you have missed the 5th May deadline + 1 month (ie to leave 4th June), so you need to give notice on or before 5th June + 1 month, to leave on 4th July. Rent remains due until then.

spiraltribe

He's sent a letter requesting me to vacate, plus a copy of the Section 21 (4) (a) form, which is dated the 5th of May. And, yes, my deposit is in a protected scheme, as I rented this flat via an estate agent. I have copies of the forms for the scheme my deposit is held in.

G_M

And, yes, my deposit is in a protected scheme, as I rented this flat via an estate agent.

Just have to point out that this is a non-sequiter!

The link you make between an agent and deposit registration is tenuous.

Ignore the date on the S21. What matters is the date it was served on you. And whether that date meets the requirements explained in my earlier link, and Werdnal's post.

Werdnal

AS GM says, it not the date on the S21 that matters, it was the date you received it. To be valid the LL must have proof he served it correctly, and that means to have an effective date of 5th May + 2 months, you must have received it on or before 5th May.

If he posted it and it went astray, then you didn't. Did he say it was sent recorded delivery - have you had a little card from the postie saying you were out and something needs signing for? This is a common mistake LLs often make, thinking recorded delivery is safer, when infact it can delay the notice's arrival. How did you receive the copy today - by post? Do you have the envelope with the post mark on it - dig it out of the bin if you have to. LL may have proof of the original posting, but you then have proof that your copy arrived too late to be valid.

However, this will only buy you another month's grace before he applies to court, as LL only need issue another 2 month notice correctly, and then apply for possession and you will eventually need to move on. If you are prepared to go, then issue your month notice - correctly as explained above, and find somewhere else.