Two months' notice, am I right?

litibe

Hi all,

We're 3 months into a fixed-term 6 month rental contract. The landlord has informed us that he would put the house on the market soon, and said that he would serve us the S21 exactly two months before the contract runs out, which we think is fair enough.

However, I've just read the contract now and it says:

This agreement is intended to create an Assured Shorthold Tenancy as defined by section 19A of the Housing Act 1988 (as amended) and shall take effect subject to the provisions for the recovery of possession set out in section 21 of that Act. Under the Assured Shorthold Tenancy, after the fixed term has expired, the Landlord is required to give two months notice to his Tenant. The Tenant is required to give one months notice to his Landlord/Agent. Either party to serve notice on the rental date.

Am I correct in thinking that with a contract wording like that, our landlord has to wait till the end of the 6 month period to give notice to us, otherwise if he issues an S21 two months before, it won't be valid?

G_M

No.

That clause is explaining what happens if the tenancy continues after the 6 months.

If the LL wishes the tenancy to end at the 6 month point, he must serve you a S21 at least 2 months before then (ie at the 4 month point or earlier).

If you wish to leave at the end of the fixed term, you do not need to serve any notice (though it is sensible and helpful if you do).

See also:

* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

littlegreenfrog_2

No. A fixed term is a fixed term, and cannot be terminated earlier than that unless you both consent. Your landlord is going to serve the s21 notice to confirm that you need to vacate the property at the end of the fixed term rather than transferring to a statutory periodic tenancy. If no s21 notice is served and you stay in the property after the end of the fixed term, you would then move on to a statutory periodic tenancy which can be terminated at any time on two months' notice.

litibe

I see, thanks littlegreenfrog & G_M. Not that we want to remain here paying the high rent for long as we're buying a place now, but with no Exchange Date in sight yet, we're not sure how it fares. Anyway, we're in good terms with the landlord and he already said he'd give us some flexibility, so fingers crossed that things'll work out OK...

littlegreenfrog_2

Your landlord doesn't know how long it will take to sell the property either, but will want be able to assure potential buyers that it will be sold with vacant possession. I'm sure there will be some flexibility here.

HappyMJ

litibe wrote: »

I see, thanks littlegreenfrog & G_M. Not that we want to remain here paying the high rent for long as we're buying a place now, but with no Exchange Date in sight yet, we're not sure how it fares. Anyway, we're in good terms with the landlord and he already said he'd give us some flexibility, so fingers crossed that things'll work out OK...

Let the landlord know that and you should be fine.

When you do get the Section 21 notice and you haven't completed by the time the notice requires possession to be returned you can continue to stay in the property. If you're helpful with the landlord they would most probably let you stay until you're ready to go without having to go to court to enforce possession. One good thing is now you've got a notice requiring possession you don't have to give any notice at all and can leave at any time after the notice has expired so you can leave on the day of completion if you want and return possession as requested by the notice and you're not liable for any more rent.

I'd accept that notice gladly in your case. It will probably save you money in the long run.

litibe

Thanks HappyMJ, I didn't know that, I thought we still have to give notice on our part as well! With our buying process just starting and two and a half months left, I guess we'll defo need some flexibility at the end!

Miss_Samantha

Be careful litibe: A s.21 notice does not entitle you to leave whenever you please.

Make sure you do serve notice, or reach an agreement in writing with your landlord. Do not follow the advice given above.

mrginge

litibe wrote: »

Thanks HappyMJ, I didn't know that, I thought we still have to give notice on our part as well! With our buying process just starting and two and a half months left, I guess we'll defo need some flexibility at the end!

The reason you didn't know it is because it isn't true.

theartfullodger

As you are only 3 months in it is a post 01/10/2015 tenancy so s21 cannot be (may not be) served until after 4 months.

There are various other things landlord must have done for s21 to be valid: Protected deposit & served you with PI within 30 days of you paying it, serving you (not just having but giving you a copy of..) EPC, GSC & "How to rent" booklet.

Don't tell landlord/agent this, just see what happens.

Simply selling the place does not end your tenancy nor require you to leave. The new owner simply becomes new landlord, even if she's outside with removal van, 3 kids & screaming husband.

Simply serving s21 does not end your tenancy nor require you to leave. On expiry they'd have to take you to court etc etc, probably another couple of months.

May be option to "negotiate" (£££) to leave by some date..