Recent Court of Appeal case - S21 validity

princeofpounds

Do you have precedence for the non-divisible assertion?

Apportionment of rent paid in advance.

http://www.crippslink.com/index.php?option=com_content&view=article&catid=32%3Aproperty-disputes&id=175%3Aapportionment-of-rent&Itemid=537

jamie11

Strictly speaking, if a tenant decides to leave due to getting a S21 then he should give his own notice to the landlord according to either his contract or the statutory requirements.

G_M

princeofpounds wrote: »

Apportionment of rent paid in advance.

http://www.crippslink.com/index.php?option=com_content&view=article&catid=32%3Aproperty-disputes&id=175%3Aapportionment-of-rent&Itemid=537

That's princely!

Callie22

jamie11 wrote: »

Strictly speaking, if a tenant decides to leave due to getting a S21 then he should give his own notice to the landlord according to either his contract or the statutory requirements.

So if the landlord serves an S21 and the tenant leaves in accordance with that, the landlord could then say that the tenant left without giving proper notice (and presumably try to claim 'unpaid' rent)?

jamie11

Callie22 wrote: »

So if the landlord serves an S21 and the tenant leaves in accordance with that, the landlord could then say that the tenant left without giving proper notice (and presumably try to claim 'unpaid' rent)?

That's correct, remember the S21 is not a notice to quit.

It would be a greedy landlord that did that, but the tenant puts the landlord in an invidious situation as well because the landlord cannot be sure the tenancy has ended properly and may be wary of a professional tenant claiming an illegal eviction.