Does a tenant have to give notice on a SPT, when a s.21 has been issued?

tumbledowngirl

The AST expires on 02/11.
A s.21 comes into force on 03/12.

As the AST will become a SPT, the tenant would ordinarily be required to given a minimum one month's notice to quit.

Do the issue of a s.21 have any bearing on the requirement by the tenant to give notice?

jamie11

tumbledowngirl wrote: »

The AST expires on 02/11.
A s.21 comes into force on 03/12.

As the AST will become a SPT, the tenant would ordinarily be required to given a minimum one month's notice to quit.

Do the issue of a s.21 have any bearing on the requirement by the tenant to give notice?

Yes! A S21 is NOT a notice to quit, it allows your landlord to apply for a possession order after the two months have expired.

You should give your landlord your notice (which must include 1 full tenancy period) in order to finish the tenancy properly.

tumbledowngirl

jamie11 wrote: »

Yes! A S21 is NOT a notice to quit, it allows your landlord to apply for a possession order after the two months have expired.

You should give your landlord your notice (which must include 1 full tenancy period) in order to finish the tenancy properly.

Thank you!
I am actually the landlord and your advice ties in with what I thought - but my LA disagrees. :mad:

jamie11

Ah right, there are a lot of disagreeable LA's.

Pixie5740

I would have thought though that a tenant could leave by the expiration date of the Section 21 without having to give notice otherwise landlords would always be going to court to get an eviction notice.

What type of Section 21 notice has been issued? How can a Section 21 notice be issued before the SPT has even started?

tumbledowngirl

Pixie5740 wrote: »

I would have thought though that a tenant could leave by the expiration date of the Section 21 without having to give notice otherwise landlords would always be going to court to get an eviction notice.

What type of Section 21 notice has been issued? How can a Section 21 notice be issued before the SPT has even started?

A s.21 can be issued during the AST, with the notice date falling after the end of the AST, ie during an SPT.

My understanding is that, regardless of the s.21, the tenancy runs on the terms agreed by the AST - which states that the tenant must give one month's notice.
As has been stated, the s.21 is not a notice to quit - it only allows a landlord to make an application for a court order. Until such time as a court order is made, or the tenant gives notice, the tenancy continues to run.

...at least, that's my understanding.

I can see a scenario where the tenant DOESN'T leave at the end of the AST, but maybe intends to leave on a particular after the notice date of the s.21 but decides not to mention it to his landlord.
Bearing in mind only a court order can request a tenant to leave, and can take several weeks/months to gain, why shouldn't the tenant be required to give notice to leave before it's granted?

Pixie5740

I know what a Section 21 is and that a tenancy can only be ended by the tenant or the court. However, if the LL issues a Section 21 then the tenant can leave on the date given on the Section 21 without have to give notice of their own. Alternatively the tenant can choose to remain in the property until the landlord is granted a possession order from the court.

In fact the tenant can leave at the end of the fixed term without giving any notice at all.

theartfullodger

Jamie is right, tenant should give notice:

However I am unaware of any cases where a landlord has successfully sued a departing tenant in such circumstances for unpaid rent.

The wise landlord would IMHO simply accept departing tenant: If nervous, get all to sign a deed of surrender.

A genuine £5 to an agreed housing charity is anyone can quote a case where a landlord successfully thus sued...

Cheers!

tumbledowngirl

theartfullodger wrote: »

Jamie is right, tenant should give notice:

However I am unaware of any cases where a landlord has successfully sued a departing tenant in such circumstances for unpaid rent.

The wise landlord would IMHO simply accept departing tenant: If nervous, get all to sign a deed of surrender.

A genuine £5 to an agreed housing charity is anyone can quote a case where a landlord successfully thus sued...

Cheers!

You make an interesting point.
We were awarded the deposit by the TDS in the case of our last tenant's, because they hadn't given notice during the SPT.
I'm still not clear why the existence of a s.21 would change that IF the tenant intended to leave after the notice date?

I've searched and searched the net and found a lot of info that suggests a tenant's responsibilities are in no way affected by the issue of a s.21 and making reference to the Housing Act, but can't find anything specific that states an s.21 either does or doesn't affect the requirement of notice.

jjlandlord

theartfullodger wrote: »

A genuine £5 to an agreed housing charity is anyone can quote a case where a landlord successfully thus sued...

I'm sure that they are many.

Otherwise it would mean that a tenant could leave whenever he wished after being served with a s.21 notice: Think of all the sword of Damocles notices out there.

jamie11

tumbledowngirl wrote: »

You make an interesting point.
We were awarded the deposit by the TDS in the case of our last tenant's, because they hadn't given notice during the SPT.
I'm still not clear why the existence of a s.21 would change that IF the tenant intended to leave after the notice date?

I've searched and searched the net and found a lot of info that suggests a tenant's responsibilities are in no way affected by the issue of a s.21 and making reference to the Housing Act, but can't find anything specific that states an s.21 either does or doesn't affect the requirement of notice.

We have had this conversation many times on LLZ.

The gist of it is that because a S21 is not a notice to quit then all the normal rules apply, the tenant with a SPT must follow the contract as written with the exception of the notice periods, so must the landlord.

Obviously if the tenant chooses to leave on receipt of a S21 then a sensible LL will be pleased. It still remains though that the proper legal way is for the tenant to give his landlord the statutory notice.

Daft innit?