Section 21 (1) (B) - Confused

Summer-Sunshine_2

My freind hast just moved into a rented flat and she is on a 6 month contract but she has just looked thought her tenancy pack and noticed a Section 21 (1) (B) notice requiring possession.

Is just the same as this...

http://www.letlink.co.uk/GeneralInfo/General_possession/S21_1_B.pdf

Does this mean it's not valid? I mean is it just a template to SHOW u what the section 21 will look like? She is quite worried cos she was hoping to stay longer then 6 months. As she was told she could renew it after 6 months. So if so y did they give her this? (See link).

Grateful for ur advice as my mate is worried
Thank u all in advance

princeofpounds

It doesn't mean very much. It's often called the 'sword of damocles'.

LAs frequently issue a S21 immediately on moving in because they tend to benefit from charging for tenancy renewals, and the idea is that the tenant feels compelled to accept a renewal offer rather than rolling onto a statutory periodic tenancy.

Often LLs dont even know it is being done, and when they do it is often claimed as some sort of spurious 'best practice'.

Incidentally the major landlord's associations advise against it, as it is totally unnecessary, can cause confusion (as in this case) and frequently is invalid.

For example, if the deposit was not protected at the time of issuance and the proscribed information not sent to the tenant, it is invalid. If the S21 was issued simultaneously to the tenant and it cannot be demonstrated it was received after the tenancy agreement, then it is invalid. If the LA/LL enter negotiations for a new tenancy, it becomes invalid. And so on.

It is possible the LL will want them out in 6 months. But the mere fact of the notice doesn't really imply that.

jamie11

A very common (bad) practise of letting agents.

If her deposit had not been protected within 30 days and she had not had the PI, then indeed it would be invalid anyway, however a court recently decided that even though the deposit was not protected at the time of issue the LA or landlord still had the remaining time from the 30 days to protect it and it would be classed as valid.

I consider it daft to welcome your new tenant with a S21, they can't be used until the end of the first 6 months anyway, that gives the landlord at least 4 months to evaluate whether the tenant is reliable or not.

princeofpounds

Thanks for clarifications jamie11

thesaint

Summer-Sunshine wrote: »

Does this mean it's not valid? I mean is it just a template to SHOW u what the section 21 will look like?

Is it a template, or was it filled out?

princeofpounds wrote: »

If the LA/LL enter negotiations for a new tenancy, it becomes invalid. And so on.

This is incorrect.

princeofpounds

This is incorrect.

Having done a little more research, it seems easy to find disputed views on this. Not sure if there is a definitive source?

http://www.landlordzone.co.uk/forums/archive/index.php/t-15319.html

G_M

tumbledowngirl wrote: »

Following on from my own post about s.21 and notice from tenants, presumably we have to re-issue PI once the tenancy becomes an SPT?
Would failure to do so make the s.21 invalid, or would it be enough that the deposit is protected? (Assuming we don't have to 're-protect the deposit?)
I am very keen to do things properly, but can't assume our LA will advise us correctly.

I uggest you stick to your own thread and post your question here.

tumbledowngirl

G_M wrote: »

I uggest you stick to your own thread and post your question here.

Have deleted my post.

Summer-Sunshine_2

thesaint wrote: »

Is it a template, or was it filled out?



This is incorrect.

It was filled out and the landlord's agent signed it and dated the last date of 6 months.

[Deleted User]

I was given a S21 with my Tenancy Agreement (signed etc). My deposit wasn't protected at the time (although it was within 7 days). Since then there has been another Tenancy Agreement .., but I have yet to be given final notice to leave (three and a half years later) .

Summer-Sunshine_2

Everyone thank u so much my mate says she is grateful for ur advice PLEASE keep them comin tho lol.

Deannatrois I'm glad u said that cos that's kinda what she wants to hear. Basically the man who lived in her flat b4 her didn't pay his rent so was chucked out. So I suppose they just don't want that to happen again. So if all ok with them then maybe she will be able to stay?

Will she told wen she has to leave the flat then next year? Will they write her a letter if they want her to leave?