Section 21 Rules

TranslineLad

Hi All,

Im wondering if anyone can help me.

I have recently out of the blue been handed a section 21 notice by my landlord. However, please note the following points:

1. I am still within my initial 12 month tenancy agreement signed at the start of the tenancy.(Currently on month 4)

2. The section 21 notice served upon me gives me 1 months notice to exit the property.

Surely the above is not allowed???

The reason the landlord is giving is that his wife is pregnant and they are not able to get another mortgage for a house, and they are currently living with their parents. Because of the new baby on the way, they need the property back to live in.

Please can someone advise what I should do? Thanks,

casperlarue

Hello Translinelad

First of all don't panic! Your landlord cannot have you out in 1 month

To help we need some basic info....
are you in England/Wales?
What are the dates on your AST, ie start date?
Does your contract have a break clause?
Did you pay a deposit, if so did you receive all the prescribed info within 30 days regarding deposit protection?

Looks like you have an amateur landlord....

jamie11

A S21(1)(b) cannot require possession before the end of the fixed term.

It will only be valid if the deposit is properly protected and you have had the prescribed information.

The S21 merely allows your landlord to apply to a court for possession, it is not a notice to quit.

00ec25

as long as there is no break clause then no court will award possession before the end of the fixed at month 12. The fact the LL has served a S21 now (Assuming all the above from others posters) means he cannot get you out before 12 months (or in accord with a break clause if there is one)

time to send a polite note to the LL educating him about tenancy law

Werdnal

00ec25 wrote: »

time to send a polite note to the LL educating him about tenancy law

Or, ignore it altogether until the LL contacts you, as he should have checked his obligations and what he need to do the end the tenancy and it is not up to you to waste your time putting him right.

You could of course, always suggest that if the LL makes it worth your while financially (ie paying your credit check and admin fees for a new property and all your moving expenses) you would be prepared to surrender the tenancy early - get whatever you agree in writing.

Otherwise, as stated above, as long as there is no break clause in the tenancy, he's going to have a long wait to get the property back.

Is your deposit protected? Did you receive the full information and terms and conditions from the deposit scheme within 30 days (not just the certificate or email confirmation - he has to give you the full package himself) otherwise any S21 he issued is invalid anyway.

A valid S21 also has to give you 2 full month's notice, not 1, so he doesn't appear to have a clue what he is doing!

I am assuming this post relates to the same landlord:

https://forums.moneysavingexpert.com/discussion/4639217

Have you sorted out your rent arrears? Whilst the LL has got his notice wrong, you appear to have already p1ssed him off by falling behind with your rent only 4 months into your tenancy ...

Yorkie1

G_M's useful post:
http://forums.moneysavingexpert.com/showpost.php?p=52421475&postcount=6

G_M

The S21 might be valid IF

* there is a 6 month break clause in the contract. Get it out and read it!

* The 6 month break clause (if it exists) might well require 2 months notice- in which case 4 months is about right!

terryw

OP has another thread relating to LL's poor understanding of tenancy law:

https://forums.moneysavingexpert.com/discussion/4639217

G_M

terryw wrote: »

OP has another thread relating to LL's poor understanding of tenancy law:

https://forums.moneysavingexpert.com/discussion/4639217

OP - are you still in arrears?

Not that it affects the S21, but you could get a S8 instead...

TranslineLad

The arrears have been cleared, and no outstanding debt is due to the landlord.

I have contacted my solicitor who is going to write a letter about the following :

(A) The entering of the property without consent
(B) The invalid S21 notice when the AST holds no break clauses what so ever and also the S21 does not even give the relevant notice period even if it was legitimate

The relationship with the LL is now strained anyway, therefore, I am planning to move from here, but I would like atleast 2 months notice before doing so if anything at all. He aleast deserves to give me that aftr the stress he has caused me

tim123456789

TranslineLad wrote: »

The arrears have been cleared, and no outstanding debt is due to the landlord.

I have contacted my solicitor who is going to write a letter about the following :

(A) The entering of the property without consent
(B) The invalid S21 notice when the AST holds no break clauses what so ever and also the S21 does not even give the relevant notice period even if it was legitimate

The relationship with the LL is now strained anyway, therefore, I am planning to move from here, but I would like atleast 2 months notice before doing so if anything at all. He aleast deserves to give me that aftr the stress he has caused me

make sure that you get his agreement to your early surrender in writing