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Another Section 21 query

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Comments

  • Meandyouandyouandme
    Meandyouandyouandme Posts: 14 Forumite
    Estate Agent wrote - Can I just query the date of the notice please, as we served a Section 21 notice on the 24th February 2016 in order to bring the tenancy to an end on the 25th April 2016. Are you now stating that you will be staying in the property until the 1st May 2016?

    Yes, we are ending the tenancy on 1st May in line with our current tenancy agreement. A Section 21 notice doesn't end the tenancy.

    Estate Agent name should have received a rent payment today of £925, this covers the tenancy period 2nd April - 1st May 2016.

    Estate Agent wrote - The Section 21 does in fact bring the tenancy to an end on the 25th April however I will contact your Landlord to confirm whether he will be happy to bring it to an end in line with the rental payment.

    These are the emails today, my reply is in bold.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    The agent is wrong about the S21 ending the tenancy. It does not. However it will be pointless getting into a discussion with them about this.

    If you fear the agent or LL might turn up on April 24th, then change the lock just to ensure they do not attempt an illegal eviction. Keep the old lock and replace it when you leave.

    As others have pointed out your notice is invalid, as you served it to end a periodic tenancy which has not yet started. This cannot be done. However hopefully polite discussion with the agent/LL will lead to agreement to let you leave on May 1st.

    as long as both sides agree, it's fine.
  • Meandyouandyouandme
    Meandyouandyouandme Posts: 14 Forumite
    Ok thanks, I haven't replied again, waiting to hear what the landlord says, though as he is in South America somewhere, contact can be difficult.
  • lewishardwick
    lewishardwick Posts: 679 Forumite
    To the guys dating the notice is invalid.

    My AST ends on Jul 17th. So I cannot issue notice on Jun 16th serving 1 month notice to end after exactly 12 months?

    Apologies if I've misunderstood...
  • theartfullodger
    theartfullodger Posts: 15,792 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Correct, but you can leave any time (eg today..) up to 17th July without giving any notice at all (although it would be polite) - but you remain liable for rent to 17th July...
  • lewishardwick
    lewishardwick Posts: 679 Forumite
    Oh ok, so technically I'd be advising my intention to not remain after the 17th.

    Odd, but hey ho, if it that's how I have to play it, that's cool.
  • theartfullodger
    theartfullodger Posts: 15,792 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Only do so if 100% certain you have somewhere to move into...
  • lewishardwick
    lewishardwick Posts: 679 Forumite
    I'm hoping to have completed on my first purchase by then!
  • Person_one
    Person_one Posts: 28,884 Forumite
    Tenth Anniversary 10,000 Posts Combo Breaker
    lewishardwick wrote: »
    I'm hoping to have completed on my first purchase by then!

    Don't count on it! Don't give any notice until you've exchanged contracts, just let it go on to a periodic.
  • lewishardwick
    lewishardwick Posts: 679 Forumite
    Oh yes! I'm not doing anything until I have the keys in my hand!
This discussion has been closed.
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