Section 21 (1) (B) - Confused

franklee

Summer-Sunshine wrote: »

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?

If the S21 is not valid then no need to be bothered by it.

If the S21 is valid there is no need for them to write a letter if they want your friend to leave, the S21 is all they need. It may be the first your friend hears is a possession claim from the county court landing on the doormat or the threat of one. Or your friend may get offered a new fixed term and have to pay a fee for the paperwork.

One thing to bear in mind is that landlords may say a good tenant won't get evicted. However many good tenants are evicted if the landlord wants to sell or move family in so who knows if that will happen to your friend or not. That's why I think serving the S21 like this stinks as it leaves the tenant unsure if it will be actioned or not and it makes a periodic tenancy even more insecure so the agent can extract fees for a new fixed term. A decent landlord will only serve notice once he's decided he wants a tenant to go and not muck about with this Sword of Damocles nonsense.

[Deleted User]

Yes, I have been here for 3 half years, but my LL has now decided to sell, so for over two months I haven't known what to do. It'll probably go on for another three months. But I'm afraid this is the joy of private renting. Eventually the sword of Damocles will be used. Sadly, I am lucky I've had three years in the same place.

Probably the only protection is to keep money aside for another deposit/1st months rent just in case.

franklee

deannatrois wrote: »

Yes, I have been here for 3 half years, but my LL has now decided to sell, so for over two months I haven't known what to do. It'll probably go on for another three months. But I'm afraid this is the joy of private renting. Eventually the sword of Damocles will be used. Sadly, I am lucky I've had three years in the same place.

Probably the only protection is to keep money aside for another deposit/1st months rent just in case.

You don't have a sword of Damocles section 21 notice hanging over you as you were given another fixed term after your section 21 was served. Therefore in your case the old section 21 is no longer valid. You should be served a fresh S21 when the landlord wants you to leave. In your case this may not happen as IIRC your landlord is marketing the property to investors so you may just get a new landlord. I know two months notice isn't much but it's a load better than none. None is what you would get with a valid section 21 notice where the notice period is over and where you haven't arranged to move if you were told the S21 served at the start of the tenancy was just a precaution. However as you have found out landlords do sell, it's happened to me twice. I agree with your last point, AST tenants should keep aside enough money to move as they don't have much security of tenure.

thesaint

princeofpounds wrote: »

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

It's easy to find disputed views on absolutely everything.

Definitive source = The law.