Section 21 notice

happy_as_annie

Hi everyone,

I think I already know the answer to my question but I just want other peoples opinions.

I've been to view a property to rent and spoke to the estate agent afterwards. I asked if, when issuing the contract etc., they would also be issuing a S.21 notice. She said yes, this was standard practice but that the landlord would still need to serve 2 months notice should he require posession. I know this is incorrect, and clearly the estate agent is either lying or useless.

I just want to know whether you think I should go ahead and proceed to rent the property? It just seems like this dirty trick is so common a practice that if I don't then I may struggle to find anywhere else to live. But on the other hand, I don't want to sign my own death warrant!

Thanks for the advice!

Hump

You're spot on - but a s21 won't be valid unless it is served after the deposit has been protected and you have been issued with the 'prescribed' information.

happy_as_annie

Thanks Hump. If they issue the S.21 when we sign and protect the deposit at the same time and then issue the prescribed info at a later date would it then be valid?

I'm trying to find a way around it should they ever try to use the S.21.

Thanks

BitterAndTwisted

They can only protect the deposit if you pay it over to them before you sign the tenancy agreement.

Agents often issue S21 Notices at the start of tenancies in order to frighten tenants into signing new fixed-term agreements on a regular basis so they can charge them a fee for it. No sensible landlord would want a stream of new tenants in and out of their property as that would attract yet another hefty"tenant-finding" fee from the agent.

This is one area where the landlord's and their agent's interests do not necessarily coincide.

happy_as_annie

Thanks Bitter. While I agree that the agent may not necessarily be acting in the interests of the landlord I am still slightly wary of the fact that I would have it 'hanging over' me.

The agent said 'we just issue it in case you don't pay your rent'. I was about to ask what a section 8 notice was for but thought better of it.....

Zorz_2

You mean one of the many areas where there is a conflict of interest between landlords and agents...;)

@ happy_as_annie: You can safely disregard the customary precautionary s21 notice. As it is issued right at the begining of the tenancy and with the deposit still not protected, it is invalid. No need to clue them up either, just take it and don't say a word.;);)

jamie11

happy_as_annie wrote: »

Thanks Hump. If they issue the S.21 when we sign and protect the deposit at the same time and then issue the prescribed info at a later date would it then be valid?

I'm trying to find a way around it should they ever try to use the S.21.

Thanks

No it would not be valid, both steps have to complied with before a landlord or agent can issue a S21.

I would say nothing for at least a month after you move in, the reason being that with the new localism bill in force both of these steps have to be completed within 30 days of the tenancy starting, if that is not complied with then the landlord/agent has no choice but to refund your deposit in full before being able to issue a valid S21.

I love it when a clever a-s-s agent trips himself up because he can't be bothered to keep up with legislation.

happy_as_annie

Thanks to everyone who has replied.

It seems then that the best thing to do would be to simply go ahead , sign, take the s.21 and say nothing then. If they should ever try to use it then I could be confident of it being invalid on the grounds of the deposit not being protected and the prescribed info not being issued when the s.21 was served. Does this sound right?

jamie11

happy_as_annie wrote: »

Does this sound right?

Sounds bang on to me.:D

James_N

happy_as_annie wrote: »

Thanks Hump. If they issue the S.21 when we sign and protect the deposit at the same time and then issue the prescribed info at a later date would it then be valid?

I'm trying to find a way around it should they ever try to use the S.21.

Thanks

Why do you wish to rent with the INTENTION of being difficult when you are asked to leave. I know all about the law, and appreciate all the points above which are correct, but it's the thinking I am questioning. You are looking for ways to technically be "tricky".

It's a wonder any landlords rent at all if the things I read on here are common.

BitterAndTwisted

There's nothing "tricky" about wanting to be able to rent long-term rather then worrying throughout the tenancy about possibly being evicted after only six months. What other message could this hypothetical S21 Notice be giving prospective tenants?

Finding another suitable property, being charged for referencing, saving up yet another deposit and then moving again costs rather a lot of money