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Quick renting question s21 notice

Is the notice valid if it was signed before the date of the start if the tenancy ? Notice was signed in LA office on 30.08.12 but my tenancy is 01.09.12. For 12 months.

I'm sure I read somewhere this makes the notice invalid.
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  • tim123456789tim123456789 Forumite
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    cooltt wrote: »
    Is the notice valid if it was signed before the date of the start if the tenancy ? Notice was signed in LA office on 30.08.12 but my tenancy is 01.09.12. For 12 months.

    I'm sure I read somewhere this makes the notice invalid.


    Don't understand this term "signed" wrt S21, It doesn't have to be signed, it is just a notice that you are given.

    But it will be invalid if it was served before your deposit was protected and you had been give the proscribed info (which will usually come after the start of the tenancy).

    tim
  • pmlindyloopmlindyloo Forumite
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    cooltt wrote: »
    Is the notice valid if it was signed before the date of the start if the tenancy ? Notice was signed in LA office on 30.08.12 but my tenancy is 01.09.12. For 12 months.

    I'm sure I read somewhere this makes the notice invalid.


    Yes, it's invalid. Also cannot be served until after a deposit has been protected.

    Here's a link:

    http://www.landlordzone.co.uk/pdf/servingS21.pdf
  • theartfullodgertheartfullodger Forumite
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    Yes, invalid, but don't tell the agent or landlord until it gets to court - that way you delay their starting the process again, having to issue a new S21 etc...

    What stage are you at??

    Cheers & Happy new year...
  • coolttcooltt Forumite
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    Hi thanks for all the replies I thought so as I've read quite a few cases on invalid s21 notices (turpit v Elizabeth ) applies to me.
    I was given the notice which I was required to sign on 30.08.12 but my 12 month AST did not start until 01.09.12 at which point my deposit was not protected so that's strike 2 for the agency.

    I don't want to cause any problems just want to roll over to a periodic tenancy at the end of fixed term so don't have to pay £100 to resign another 12 months etc. I've got my reasons for doing this and I also think its wrong to charge for a 30 second signature on a freshly copied AST.
  • theartfullodgertheartfullodger Forumite
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    You are entitled to go to rolling-over, periodic, tenancy: It;s the law. Agreed, greedy agents/landlords charging for something that costs £1.23p ...

    Cheers!

    Artful (Landlord)
  • altaalta Forumite
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    You are entitled to go to rolling-over, periodic, tenancy: It;s the law. Agreed, greedy agents/landlords charging for something that costs £1.23p ...

    Cheers!

    Artful (Landlord)


    I beleive this to be incorrect. It is up to the landlord to decied if he wished the tenant to go to a further fixed term, or to let them roll over to a periodic.
    The LL may want to have the security ofa further 6mths as may the tenant.
    Renewing a tenancy id not being greedy, it the way agents make their money to pay staff, premisis, out goings. After all they are a business, often private LL run their business alone and from their homes, it totally different.
    You should have been made aware of the charges you may inccur before you signed the tenancy. It then is your decision wether to go ahead or not.
    This is my opinion, a little knowledge from experience.
  • If the S21 notice had been served correctly then OP would not be entitled to a SPT and must leave by the last day of the fixed term. However when the S21 has not been served or is invalid (as here) then the tenant is entitled to a SPT after the fixed term ends, and LL must give at least 2 months notice to end it.
  • malcolmffc wrote: »
    If the S21 notice had been served correctly then OP would not be entitled to a SPT and must leave by the last day of the fixed term. However when the S21 has not been served or is invalid (as here) then the tenant is entitled to a SPT after the fixed term ends, and LL must give at least 2 months notice to end it.

    Complete garbage
  • edited 31 December 2012 at 7:43PM
    G_MG_M Forumite
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    edited 31 December 2012 at 7:43PM
    alta wrote: »
    I beleive this to be incorrect. It is up to the landlord to decied if he wished the tenant to go to a further fixed term, or to let them roll over to a periodic.
    The LL may want to have the security ofa further 6mths as may the tenant.
    Renewing a tenancy id not being greedy, it the way agents make their money to pay staff, premisis, out goings. After all they are a business, often private LL run their business alone and from their homes, it totally different.
    You should have been made aware of the charges you may inccur before you signed the tenancy. It then is your decision wether to go ahead or not.
    Also complete garbage.

    A SPT (Statutory Periodic Tenancy) arises automatically when the fixed term ends if the tenant does not leave.

    The LL cannot 'decide' whether or not to allow this.

    Fuller details in this post here:

    Ending/Renewing an AST (what happens when the Fixed Term ends?)(What is a Periodic Tenancy?)(How can a LL remove a tenant?)(How can a tenant end a tenancy?)
  • coolttcooltt Forumite
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    alta wrote: »
    I beleive this to be incorrect. It is up to the landlord to decied if he wished the tenant to go to a further fixed term, or to let them roll over to a periodic.
    The LL may want to have the security ofa further 6mths as may the tenant.
    Renewing a tenancy id not being greedy, it the way agents make their money to pay staff, premisis, out goings. After all they are a business, often private LL run their business alone and from their homes, it totally different.
    You should have been made aware of the charges you may inccur before you signed the tenancy. It then is your decision wether to go ahead or not.


    Your entitled to your opinion but please don't play the "poor old letting agent" card. Everyone knows they charge ridiculous fees for very little work.

    I much prefer to deal direct with the Landlord as i find most address issues straight away and don't pass you from pillar to post like LA's do. I'm in a property at the moment with water running down the walls, paying the top rental rate and quite often carry out minor repairs myself at my own expense.

    Letting agent doesn't seem to care and keep blaming the building management instead of actually doing something about it.

    I'm sorry but i have very little sympathy for letting agents, most are doing very nicely with their stupidly inflated fees thank you very much.
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