Section 21 notice served

Blackbird89

I know that but whether I put partner or EX partner that has no relevance to what I was asking advice on.

Also I've been more than clear as to what's happening, I couldn't be any clearer, but I've tried to simplify it so thesaint actually understands what's actually happening now, as clearly he or she hasn't read everything I've put on this thread in my replies!

Pixie5740

I think what thesaint is alluding to is that it only takes one of the joint tenants to end the tenancy so when your ex served notice it in fact ended the tenancy for both of you. Remaining in the property beyond the notice period could have resulted in you being charged double rent under the Distress of Rent Act.

Your landlord and the letting agency seem unaware of this though which is lucky for you.

thesaint

Based on what you had written, my comments are 100% correct.
I shall leave the thread for others to help you.

G_M

Pixie5740 wrote: »

I think what thesaint is alluding to is that it only takes on of the joint tenants to end the tenancy so when your ex served notice it in fact ended the tenancy for both of you. Remaining in the property beyond the notice period could have resulted in you being charged double rent under the Distress of Rent Act.

Your landlord and the letting agency seem unaware of this though which is lucky for you.

correct assuming

* the tenancy was periodic at the time and

* it was a single 'joint & several' tenancy, not 2 separate tenancies.

dc197

Blackbird89 wrote: »

I know that but whether I put partner or EX partner that has no relevance to what I was asking advice on.

I think it does. Partner serving notice implies you're both wanting to leave. Ex partner serving notice implies they're leaving and you're staying, but the notice they served could have applied to both of you.

Blackbird89

Pixie5740 wrote: »

I think what thesaint is alluding to is that it only takes one of the joint tenants to end the tenancy so when your ex served notice it in fact ended the tenancy for both of you. Remaining in the property beyond the notice period could have resulted in you being charged double rent under the Distress of Rent Act.

Your landlord and the letting agency seem unaware of this though which is lucky for you.

Even though she gave notice which apparently was for both of us.. the agency spoke to the landlord and he said I could stay over Christmas and January provided I paid the rent which I did which is why I remained in the property. And the agency as mentioned issued a S21 on the 11th of November to expire on the 9th of February.

I didn't leave on the 9th of February as I had nowhere to go due to not being able to get a guarantor for a new place, which is why I am enlisting the help of the council and housing associations, partly due to my illness which is complete kidney failure and a tumour at the top of my right leg.

The agency have now issued a new S21 notice to expire in 2 months.

Blackbird89

Well it turns out that after speaking to the agency acting on behalf of the landlord, the new S21 they claimed they'd put through the door hadn't been put through the door at all.. I found this out after I'd posted saying a new S21 has been issued.

So I emailed them to find out when they are issuing the new S21 and eventually got a reply saying the below,

Your landlord has considered your situation and therefore accepted your rental payment which covers your rent until 9th March.

We do not now need to serve you another Section 21 Notice, as your current one, which expired on the 9th February remains in force. The landlord has agreed to allow you another month (up to 9th March) in the property in order to help you find alternative accommodation.

Their email sort of contradicts itself by saying the current S21 which expired on the 9th of February is still in force, how can it be if it expired? Forgive my ignorance. Plus after it's expired the landlord has accepted money for rent on the 9th of February, does that mean anything or not?

Thanks.

G_M

Blackbird89 wrote: »

.....

Your landlord has considered your situation and therefore accepted your rental payment which covers your rent until 9th March.

We do not now need to serve you another Section 21 Notice, as your current one, which expired on the 9th February remains in force. The landlord has agreed to allow you another month (up to 9th March)
.

They are wrong, and they have blown it.

By agreeing in writing to extend your tenancy, they have invalidated all previous S21 Notices.

Keep this email to submit to a court if necessary as defence against any future possession order based on a S21 previously served, which this email invalidates.

If they want you to leave, they will now have to serve a new S21.

Blackbird89

Ok. I will most certainly keep the email. Do you have a link to any correspondence or law that states that because the landlord has agreed to extend the tenancy the current S21 is invalid. I don't doubt what you say, it's just in case the agency disputes it which they most definitely will.

Guest101

Blackbird89 wrote: »

Ok. I will most certainly keep the email. Do you have a link to any correspondence or law that states that because the landlord has agreed to extend the tenancy the current S21 is invalid. I don't doubt what you say, it's just in case the agency disputes it which they most definitely will.

Let them dispute it. Say nothing until you get a court date.