Notice Given

ValHaller

G_M wrote: »

No.

Not during the fixed term.

Which in this case is the first 12 months.

(1)Without prejudice to any right of the landlord under an assured shorthold tenancy to recover possession of the dwelling-house let on the tenancy in accordance with Chapter I above, on or after the coming to an end of an assured shorthold tenancy which was a fixed term tenancy, a court shall make an order for possession of the dwelling-house if it is satisfied—
(a)... and

(b)the landlord or, in the case of joint landlords, at least one of them has given to the tenant not less than two months’ notice [F2in writing] stating that he requires possession of the dwelling-house.

Curious. Because if notice is given within the fixed period to expire sometime after the end of the fixed period, then a periodic tenancy will have arisen in which case surely 4) arises too?

franklee

ValHaller wrote: »

Curious. Because if notice is given within the fixed period to expire sometime after the end of the fixed period, then a periodic tenancy will have arisen in which case surely 4) arises too?

Not sure any of it can be looked at that logically. For example usually starting a new tenancy voids a pre-existing section 21. There has been debate along the way if a statutory periodic tenancy is a new tenancy or not. However, for example, the recent deposit rulings establish that a periodic tenancy is a new tenancy. However also established is that a section 21 served during the fixed term isn't voided if the tenant stays on a periodic tenancy. We know this as the landlord isn't set back to square one having to serve notice again when a periodic tenancy arises. Bear in mind also there are two section 21 notices 21(1)(b) served during the fixed term and 21(4)a served once the tenancy has become periodic. So the section 21 served during the fixed term trumps the new periodic tenancy. I've never been convinced it makes that much sense LOL.

Lyz_Fox

Thank you all for your responses, I thought I had a solution to my problem in that a friend said I could borrow their house for the gap period but that has fallen through as they have had delays with the renovations so it was back to the drawing board.
I think I now have a plan though and that is to stay put as the social houses should be available to bid on at the beginning of September so I should know by mid sept if I can get one (they cannot see any reason why i should not).
Now for those more knowledgable.. What costs will i incur by staying longer and what bad marks will i obtain for this and most importantly will it affect my application with the council?
I have tried talking to my LL and all was going well as they were speaking to the developers who were going to confirm the completion dates and now they have been not answering my calls or texts for over 2 weeks and the EA has tried contacting them or so they said and they are getting no joy either so how do i proceed, do i tell them i am not moving out or do i just stay put, also what happens when i go to work etc can they just appear and boot me out?
Thanks for all your help, much appreciated!
Lyz