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Landlord giving incorrect notice?
Comments
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The difficulty of making it work, the anomalies, the potential financial implications etc., do not alter the validity of the ruling by the Appeal Court (Spencer v Taylor ) that says a S21Notice does not have to align with the tenancy period since the Act that created S21 Notices ( Housing Act 1988 )does not say a S21Notice has to align with the tenancy period...i'm not sure how giving notice that does not expire at the end of a tenancy period can work in practice, since the tenant has to pay for full rent periods, they would need to be out after the end of their next rent period to not be out of pocket0 -
so am i correct in thinking now the LL can give you 2 months notice any day in the month, not just to expire at the end of the period? but the tenant must still give 1 month the expire at the end of the period?0
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i'm not sure how giving notice that does not expire at the end of a tenancy period can work in practice, since the tenant has to pay for full rent periods, they would need to be out after the end of their next rent period to not be out of pocket
It's irrelevant anyway, as a Sec 21 has no effect on a tenants tenancy.
(before this recent case)A landlord giving notice within the fixed term was not required to give notice that coincides with tenancy periods.
If a tenant is outside the fixed term, then they are required to give notice that coincides with tenancy periods, whether the landlord has served a Sec 21 or not.Well life is harsh, hug me don't reject me.0 -
That appears to be the case.so am i correct in thinking now the LL can give you 2 months notice any day in the month, not just to expire at the end of the period? but the tenant must still give 1 month the expire at the end of the period?
Although in fact that has always been true, it is only since 20th November that a higher court has explicitly said so, contradicting the understanding of most landlords, lawyers, housing experts for the last 25 years!0
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