'have to' renew tenancy

Guest101

owl_lover wrote: »

Definitely no section 21 in our case.
But I'm still confused about giving notice
Would this clause from our contract apply? Or only when we were 4 months into a periodic tenancy?


' it has been agreed that either party may give 2 months written notice to terminate this agreement, provided that an intial 4 months has already been served'.

Thanks

Forget the clause.

It's a break clause for fixed term. Nothing to do with periodic.

denialanderror

I didn't mean to hijack the original thread by mentioning the potential presence of a S21, just know it can be one of those things that goes unnoticed in the pile of paperwork that tends to arrive with new tenancies.

One of the agencies that follow this practice is Leaders who are such a big chain I'd be surprised if they'd routinely make such a basic mistake as issuing invalid notices.

Quick Google brings up mixed opinions although the shelter website on eviction doesn't list deposit not being protected at time of issue being a specific ground for the notice being invalid.

http://england.shelter.org.uk/get_advice/eviction/eviction_of_private_tenants/eviction_of_assured_shorthold_tenants

Pixie5740

denialanderror wrote: »

I didn't mean to hijack the original thread by mentioning the potential presence of a S21, just know it can be one of those things that goes unnoticed in the pile of paperwork that tends to arrive with new tenancies.

One of the agencies that follow this practice is Leaders who are such a big chain I'd be surprised if they'd routinely make such a basic mistake as issuing invalid notices.

Quick Google brings up mixed opinions although the shelter website on eviction doesn't list deposit not being protected at time of issue being a specific ground for the notice being invalid.

http://england.shelter.org.uk/get_advice/eviction/eviction_of_private_tenants/eviction_of_assured_shorthold_tenants

I had a look last night and you're right, there are a lot of mixed opinions.

The Shelter link says, "you paid a tenancy deposit but it has not been protected in a government approved tenancy deposit scheme." The way I read that is that if a Section 21 is issued before the deposit has been protected then it's invalid.

I also wouldn't read too much into what a large letting agency do. There are large chains of letting agencies out there that should know better about a number of things but don't.

The OP wasn't given a Section 21 at the start of the tenancy though so I'm wandering off topic.

jjlandlord

On the specific issue of a s.21 notice being served before the deposit is protected: This is not a matter of opinion.
As long as requirements are met within 30 days a notice served during those 30 days will be valid.

thesaint

Guest101 wrote: »

A section 21 cannot be valid if the deposit is not protected.

Seems very straight forward to me.

You saying 'not at all', is hardly explaining your position.

Keys may or not be given, keys may or may not be needed.
Keys being handed over is therefore not necessary for a tenancy to start.

I hope that explanation is good enough. :money: