Tenant needs advice re "Notice Requiring Possession" (Section 21)

Ipickpumpkins

Four months in to our six month fixed term tenancy, we have been served two months' notice to vacate the property, in accordance with the Housing Act.

The question is, do we, as tenants remain liable for rent for the duration of the contract even if we manage to find a new place to inhabit before that time? In other words, do we have to delay looking, or look only for properties that become available around two months' time in order to avoid paying rent for two properties until our current tenancy expires?

I suspect that is the case, though it seems very tight on tenants who would have been quite happy to remain where we are. Hope this all makes sense.
Any ideas folks?
Many thanks in advance.

Werdnal

The section 21 is not notice to quit, it is notice that the LL is seeking possession, ie after the 2 months he/she will apply for a court possession order to end the tenancy. You do not need to move out at the end of the 2 months, you can sit tight and await the possession order.

You are liable for rent until atleast the end of the fixed term - unless you find a place in the meantime and approach your LL to see if they will let you leave early. You can suggest that allowing you to break the tenancy will prevent them having the cost and hassle of going to court, but they do not have to accept and can hold you to rent until the end of the fixed term.

If you want to leave at or after the fixed term ends, you must still give your month's notice as a tenant, to end the tenancy from your side.

Just to ensure the S21 is valid, did your LL protect your deposit and has he provided the deposit scheme's prescribed information? Failure to do either or both of these invalidates the S21 anyway!

Colincbayley

Werdnal wrote: »

If you want to leave at or after the fixed term ends, you must still give your month's notice as a tenant, to end the tenancy from your side.

Sorry, this is incorrect. Your tenancy can end on the last day of a fixed term WITHOUT any notice from yourself.

Also, as your LL has already provided a S.21 notice stating that they require the property back, you can infact return the property at anytime you wish from the last day of your tenancy right up until such a time that the bailifs turn up on your door step. You do not need to give any notice to the LL as the LL has already given that notice to you.

G_M

What happens at the end of a Fixed Term?

What notice is required from either side?

Read this post.

Ipickpumpkins

Thanks very much for this, Werdnal.

We've no intention of arguing with our landlord's decision as he is acting in accordance with the terms of the contract. We are bitterly disappointed, as we've done nothing wrong; the reason he has given is that he wants to let it to a family member.

The fact is that we have found an ideal property very quickly and would like to secure it. However, we can't afford to pay duplicate rent for around a month. I don't see a moral reason why a tenant who has been served two months' notice to leave by his landlord cannot therefore leave sooner than that to ensure having a new place to live. I don't have a mind to pay him and a new landlord simultaneously.

Werdnal

Colincbayley wrote: »

Sorry, this is incorrect. Your tenancy can end on the last day of a fixed term WITHOUT any notice from yourself.

Also, as your LL has already provided a S.21 notice stating that they require the property back, you can infact return the property at anytime you wish from the last day of your tenancy right up until such a time that the bailifs turn up on your door step. You do not need to give any notice to the LL as the LL has already given that notice to you.

Sorry, yes I know that, serves me right for typing and watching TV at the same time!

I meant if they stay after the end of the fixed term, then they need to give 1 month's notice, as the day after the fixed term ends, if tenant is still living there, an SPT automatically arises. The LL's S21 does not end the tenancy, it is not notice to quit, so tenant should still give their notice in an SPT, otherwise LL can chase them for the month's rent in lieu of notice. The S21 can remain valid until the LL decides to apply to court to act on it, and if for example, they change their mind at the end of the 2 months and do not follow through with the eviction, the SPT will automatically kick in, and tenant should not just walk away from this without making their own notice formal and in writing!


OP as I have said, the notice does not end the tenancy. The LL is advising you that he may apply to evict you in 2 month's time, not now, so you are still bound for the 6 months you sign up to rent and pay for, unless LL will let you leave earlier. Speak to them to see if they will!

Colincbayley

Ipickpumpkins wrote: »

Thanks very much for this, Werdnal.

We've no intention of arguing with our landlord's decision as he is acting in accordance with the terms of the contract. We are bitterly disappointed, as we've done nothing wrong; the reason he has given is that he wants to let it to a family member.

The fact is that we have found an ideal property very quickly and would like to secure it. However, we can't afford to pay duplicate rent for around a month. I don't see a moral reason why a tenant who has been served two months' notice to leave by his landlord cannot therefore leave sooner than that to ensure having a new place to live. I don't have a mind to pay him and a new landlord simultaneously.

You are duty bound to pay the rent up until the end of your contract period. However, speak to your LL, they may well be happy to release you early from the contract in order that the family member may move in !

Kynthia

As said above, the S21 tells you that in 2 months time the landlord will apply for possession of the property. It takes a few weeks to get a court date and the judge grants at least two weeks notice. Although you don't have to leave until the bailffs arrive, most people leave either around the expiry of the S21 or when the court gives two weeks notice that the tenancy is ending.

Your fixed term still applies so you must pay rent up until then unless your landlord agrees to let you go early. You will also need to give not less than one tenancy period's notice of your leaving unless you leave on the last day of your fixed period.

Colincbayley

Werdnal wrote: »

Sorry, yes I know that, serves me right for typing and watching TV at the same time!

I meant if they stay after the end of the fixed term, then they need to give 1 month's notice, as the day after the fixed term ends, if tenant is still living there, an SPT automatically arises. The LL's S21 does not end the tenancy, it is not notice to quit, so tenant still needs to give their notice in an SPT, otherwise LL can chase them for the month's rent in lieu of notice.

What you watching on the telly? I cant find anything decent to watch tonight!

Sorry, but your still incorrect. If a LL has issued a S.21, then the tenant can leave at anytime they wish after that notice has expired, or at the end of the fixed term of the AST if that is sooner.

Colincbayley

Kynthia wrote: »

You will also need to give not less than one tenancy period's notice of your leaving unless you leave on the last day of your fixed period.

Not in this case, as the LL has already given notice to expire at the end of the fixed term.

jjlandlord

Colincbayley wrote: »

Sorry, but your still incorrect. If a LL has issued a S.21, then the tenant can leave at anytime they wish after that notice has expired, or at the end of the fixed term of the AST if that is sooner.

Absolutely not.
That said, T can indeed leave at end of fixed term without giving notice, but that's completely unrelated to any s.21 notice.