Section 21- few extra days

thesaint

stejc.
What date did your fixed term start?
How long was the fixed term?
Was an end date specified?
Are the tenancy periods monthly?

franklee wrote: »

My understanding is that you can move out at the end of the S21 notice period without giving your own notice.

This is incorrect.

The OP is required to serve there own notice.

martindow

thesaint wrote: »

Originally Posted by franklee
My understanding is that you can move out at the end of the S21 notice period without giving your own notice.


This is incorrect.

The OP is required to serve there own notice.

Is that right? I would have thought that leaving in accordance with an S21 in analogous to leaving at the end of a fixed term and the T would not need to give notice.

rexmedorum

martindow wrote: »

Is that right? I would have thought that leaving in accordance with an S21 in analogous to leaving at the end of a fixed term and the T would not need to give notice.

I think what is meant that if you'd want to stay a few days extra and would use the notice being invalid as a possible defense you'd have to serve your own notice as otherwise the LL may come back and argue that T left without proper notice

G_M

So to recap:


* fixed term tenancy started 28th Oct 2013 (assuming a 6 month fixed term)
* deposit paid 28th Oct 2013 (assuming day 1 of tenancy)
* S21 (4)(a) served in error - date unknown
* S 21 (1)(b) served 17th April. Expiry date 27th June (ie > 2 calender months)
* deposit returned - 24th April or earlier - arguably before S21 service?
* fixed term ended 27th April 2014
* SPT (monthly) periods run 28th to 27th each month

So if you serve notice yourself your tenancy must end on 28th of the month and ou must pay rent to 28th.

Given the proximity of the dates of service of S21 and return of deposit it may be hard to prove which was first. So S21 may, or may not, be valid.

WelshKitty85

The landlady should have placed the deposit into a recognised deposit scheme and provided written confirmation of this with 30 days of you handing over your deposit. As she did not do this, a section 21 cannot be issued until the deposit is returned and I believe that, if the landlady wanted to challenge this, the burden would be on her to prove that the deposit was returned before the s21 was issued. You are also able to sue the landlady for between 1 to 3 times the amount of the deposit, as it was not placed into one of the schemes, so this should put you in a pretty strong bargaining position.

thesaint

martindow wrote: »

Is that right? I would have thought that leaving in accordance with an S21 in analogous to leaving at the end of a fixed term and the T would not need to give notice.

A Sec 21 does not require the tenant to leave a property, so, a tenant cannot leave in accordance to one.