Notice requiring possession

darisaac

I am about to move to a new rental property and the Assured shorthold tenancy agreement includes a notice requiring possession, our current flat of 4 years has never had this included.

Is it normal to include a notice requiring possession in a new assured shorthold tenancy agreement?

Werdnal

It used to be ploy of agent to include a Notice Seeking Possession otherwise known as an S21/Section 21 notice, on issuing a tenancy agreement. However, if it is issued before the deposit is protected and you have been served with the prescribed information from the deposit scheme, then it is now useless. The S21 can only be valid if issued after deposit protection has been fully complied with.

I assume you are renting through an agent (who should know better), or a private landlord who is using a very out of date tenancy agreement template.

I wouldn't mention it, as if they are ignoraant enough not to understand that the S21 is invalid, then thats there problem ...

I assume you have to sign and return the agreement? Do not sign the S21 if asked, and preferably, do not return it at all (ie remove that page from the agreement). There was an instance here recently of a tenant who returned their documents, only to find the agent altered the date on the S21 part of the agreement, to make it look as if they had issued it after the tenancy started, so it appeared to be valid.

darisaac

Do you think that by including this in the original agreement the landlord has no intention of allowing us to renew at the end of the tenancy or are the simply saving them the admin of issuing this further down the line should they believe we are not a desirable tenant?

G_M

No, it does not mean they will not renew. It is like an insurance policy.

IF the landlord/agent decides later that he wants the property back, he has to give the tenant at least 2 months notice. By giving it right from the start, he does not have to remembre to do it later. Indeed, he can leave the decision about renewing to the day before the tenancy runs out.

However, as Werdnall says, the notice is invalid if

* it is issued at the same time as the tenancy is signed or
* before the depsoit has been registered

I suspect if you remove the page from the tenancy the LL/agent will not be happy. Indeed they may either refuse to grant the tenancy, and/or view you from the start as 'trouble' - not an ideal way to start a LL/tenant relationship.

Why not clearly date date each page, including the S21 page?

And keep a photocopy.

Werdnal

G_M wrote: »

Why not clearly date date each page, including the S21 page?

And keep a photocopy.

I agree, excellent advice GM. OP, clearly initial and date the bottom of each page - this is always a good idea as a dodgy agent/LL could amend a page after you have signed, to remove or add clauses and make it look as if you have accepted them!