Letter confirming periodic tenancy after S21 issued

JuicyJesus

My agent as a matter of course issues S21 notices two months before the tenancy expiry date for... some reason I've not yet worked out. Last year I renewed my tenancy to start again on the expiry date, so according to the agent the S21 became invalid as a new 12 month tenancy commenced. However this year I asked for a periodic tenancy rather than a renewal after they sent me the S21, and I now have written confirmation that the landlord has agreed to a periodic tenancy and outlining the two month/one month notice periods for landlord or tenant to end the tenancy, with an offer to do a formal tenancy renewal at a future point.

I know full well the agent isn't trying to diddle me on this (if they wanted me out they could have just refused) but obviously I don't want the S21 hanging over me. Now I have this letter does this invalidate the section 21 notice and/or estop them from seeking possession as they have specifically stated the tenancy will continue on a periodic basis? (This is under English law, for clarity.)

franklee

Good question. Granting another tenancy does invalidate a pre-existing section 21 notice. Going onto a statutory periodic tenancy happens automatically so doesn't invalidate the S21. However in your case the periodic tenancy has been granted specifically, so it could have arisen by contract. I'd certainly argue that invalidates the section 21 via estopple. You have no reason to leave in accord with the S21 as you have been given permission to stay so I don't think you should be penalised for staying. However it's a grey area so to put you mind at rest that you don't have a Sword of Damocles S21 hanging over you I'd suggest you request confirmation in writing that the S21 is withdrawn.

G_M

Sounds like a Contractual Periodic Tenancy, since it was proposed & accepted.

So the S21 is invalid.

But as franklee says, it's a grey area and could be argued you have a SPT.

Only testing in court could give a definative answer.

But a landlord would be very rash to apply to court for a possession order based on this S21. Far more likely he'd issue a new one if/when he wanted possession.

jjlandlord

To be honest, there's a good chance that their letter just confirms your statutory periodic tenancy.
In any case, the tenancy they mention is basically the same in terms of rent and notice, though a SPT would be better for them.

franklee wrote: »

Granting another tenancy does invalidate a pre-existing section 21 notice.

Not necessarily, especially in this case.