Notice 21 Requiring Possesion - Please help to understand

Little_Angel_4

Hello,

Me and my 3 other housemates has signed the fixed term tenancy agreement (for 6 months period) on 15th February 2007. Along with the agreement we received Section 21 Notice Requiring Posession - with the date of expiry 14th June 2007 (which is 2 months before ending of contract). All of us thought that it means that as the landlord wants a possesion of the house, we need to move out by 14th June 2007.

We have already put the deposit for another house, to find out yesterday that we cannot leave until the end of contract which is 6 months long and should end on 14th August 2007. But we thought that when we received a notice with the clear date of 14th June 2007, it means we need to move out.

I tried to read through Housing Act 1988 but cannot really understand what are the tenants rights, so maybe one of you could help.
We put 850 pounds of deposit with another letting agent and we do not want to lose this money.

I would really appreciate your advice as I really don't know what to do?
Do we have any legal rights?

Little Angel

thesaint

You have a 6 month tenancy ending on the 14th August 2007.
You can move before then if your landlord is in agreement.

Have you asked your landlord, about the notice?

Little_Angel_4

No we haven't talked with the landlord as we let through letting agent and they do not want us to have the contact details of the landlord.

franklee

I'd suggest you ask on landlord zone. https://www.landlordzone.co.uk

My view is that although you have the right to remain for six months you can move earlier by mutual agreement between yourself and the agent/landlord. Now it's clear that by issuing the S21 the landlord is asking you to move out on 14th June 2007, and you've made arrangements to comply in good faith. The fact that the agent is a month out in the date isn't your fault or your problem. If you wish to leave on 14th June 2007 then do so and if they charge you rent past that date then take them to small claims court.

If the landlord isn't happy then his beef should be with the agent for mucking up the date.

If you did want to stay on for the full six months then you could challenge the S21 as being invalid but as you have committed money to complying with the S21 notice to leave I'd just carry on and leave as planned.

Frankly I think it's about time agents stop throwing S21 notices about like confetti!

thesaint

Your tenancy agreement should have your landlord's contact address on it, it is a requirement of the law.

Little_Angel_4

Thank you Franklee! You gave me some hope

sooz

not if s/he's using an agent

and the agent made a mistake on the date of the section 21, almost certainly invalidating it.

thesaint

sooz wrote: »

not if s/he's using an agent

and the agent made a mistake on the date of the section 21, almost certainly invalidating it.

I hope this is not directed at me:mad:

Guy_Montag

thesaint wrote: »

Your tenancy agreement should have your landlord's contact address on it, it is a requirement of the law.

Actually I was surprised to find out today that that is not the case. Check out Monkey1977's thread

sooz

thesaint wrote: »

I hope this is not directed at me:mad:

yes, sorry it was..forgot to quote and someone else posted between

although as a tenant you can write to the agent and ask for the landlord's contact details, and they are obliged to provide you with it, within 28 days I think.

thesaint

sooz wrote: »

yes, sorry it was..forgot to quote and someone else posted between

although as a tenant you can write to the agent and ask for the landlord's contact details, and they are obliged to provide you with it, within 28 days I think.

Happy to stand corrected, although you should've stated the rest about a written request.:beer: