When does a section 21 start if it issued before the end of a fixed 6 month tenancy.

ladyrider260

I've only been here 5 1/2 months and the 6 month shorthold tenancy ends on the 29th March. My landlord has decided to sell up and their solicitor has instructed the letting agent to issue me with a section 21. Because my tenancy is still under contract for another few weeks, does this mean that the section 21 won't start til the end of my tenancy, or do I have 8 weeks from now to find somewhere else?

Its taken me nearly a year to find someone to take my 4yr old and myself on as I'm a student (although that's probably gone to the wall now) and getting help for the moment. Basically, the more time I can buy the better. I don't want to end up in a B&B.

Werdnal

My understanding is that a S21 issued during the fixed term starts running from the date it is served on (ie received by) the tenant.

It is not 8 weeks, it is 2 full calendar months.

You would obviously be well advised to start looking for somewhere else, but even when the S21 ends, you do not have to leave until the LL applies for a court order to end the tenancy. The S21 is notice that the landlord is "seeking possession", not that you have to leave by the end of the notice.

However, you are still in your fixed term, so you cannot just up and leave unless the landlord agrees to release you from it before the FT ends.

Have you spoken to council regarding housing? With a young child and low income, you may be higher on the list than you think. But council do not have to rehouse you until you are actually evicted.

Did you pay a deposit at the start and is it protected in a scheme. If LL/Agent has not protected it within 30 days of payment, the S21 is infact invalid.

ladyrider260

Thanks W. I'm damned if I do, damned if I don't. If I go down the possession order route, letting agents won't touch me. So I would have to be out by 14th may?

pmlindyloo

Werdnal wrote: »

My understanding is that a S21 issued during the fixed term starts running from the date it is served on (ie received by) the tenant.

It is not 8 weeks, it is 2 full calendar months.

You would obviously be well advised to start looking for somewhere else, but even when the S21 ends, you do not have to leave until the LL applies for a court order to end the tenancy. The S21 is notice that the landlord is "seeking possession", not that you have to leave by the end of the notice.

However, you are still in your fixed term, so you cannot just up and leave unless the landlord agrees to release you from it before the FT ends.

Have you spoken to council regarding housing? With a young child and low income, you may be higher on the list than you think. But council do not have to rehouse you until you are actually evicted.

Did you pay a deposit at the start and is it protected in a scheme. If LL/Agent has not protected it within 30 days of payment, the S21 is infact invalid.

Plus, were you given information about the scheme?

This is really important because without the deposit being protected and being given the prescribed information the Section 21 is invalid.

Please check.

ladyrider260

I have been. Its a professional letting agent & I have the details. They were given to me the day I moved in.

Werdnal

ladyrider260 wrote: »

I have been. Its a professional letting agent & I have the details. They were given to me the day I moved in.

What was given to you the day you moved in? Did they actually protect the deposit amount from that day - did you pay it in advance, or have they just given you info saying your deposit "would be protected with xxx scheme"?

If they have not given you the full, prescribed information which can run to a dozen or more pages depending on the scheme they used, the S21 is invalid.

Sorry to labour the point, but even professional letting agents can get things badly wrong! You are looking to buy yourself time, and if the S21 is invalid due to failure to protect deposit and issue to the correct documents AFTER they have protected it, this could be your extra time!

angrypirate

You said that your tenancy ends on the 29th March so I assume your rental periods run from the 30th of the month. In which case the section 21 if served correctly will require you to move out on the 29th May. Alternatively you can leave on the 29th March without giving notice.

RAS

OP

EAs require no training in law to set up.

The deposit had to be protected and the prescribed information (pages and pages) given to you within 30 days.

What did they give you?

G_M

Werdnall is correct.

A S21 can be served at any time (see below) during the fixed term, but must run for 2 calender months. The clock starts ticking (as it were) the day it is served (received), not the day it is sent.

It should show that possession of the property may be required after (date), where the date is 2 full canender months from the date of service.

It is invalid if:

* you've paid a deposit and it was NOT registered within 30 days of payment or
* you've paid a deposit and you were NOT given the 'Prescribed Information' within 30 days of payment
* any of the dates are wrong on the S21 (eg the servive date or expiry date 2 months later

G_M

angrypirate wrote: »

You said that your tenancy ends on the 29th March so I assume your rental periods run from the 30th of the month. In which case the section 21 if served correctly will require you to move out on the 29th May. Alternatively you can leave on the 29th March without giving notice.

No.

A S21 served during the fixed term does not need to align with the tenancy periods. Just 2 full calender months.

You are thinking of a periodic tenancy which this is not.

ladyrider260

I was given a copy of an official looking sheet of paper saying who the deposit was with etc. I will have to dig it out to check the details. The deposit was paid in advance. Goodness knows how I'm going to afford the admin fees etc if I'm lucky enough to find someone who will take me on. I feel very frightened and very vulnerable