Section 21 question

franklee

RIPironman wrote: »

Hi, it was pushed through my letter box on 28th followed by the same letter sent by email. The letter says the tenancy will terminate on 27th July.

Well I'd say too short then, it should say after 27th to make the 27th in the notice period. Suggest you go back to shelter asking about this and also ask if date of service is included in the notice period or not telling them how and when it was served.

Similar date issue, S21 struck out here but a least they have after not on the end date:
http://www.landlordzone.co.uk/forums/showthread.php?74095-S-21-Claim-Struck-Out-Why

Pixie5740

RIPironman wrote: »

Wouldn't be the same without you.....

Well it does help if you stick to the one thread so that people can see all the information and advice already given.

Pixie5740

King_Nothing wrote: »

It's not your house though.

Isn't it now? Property ownership is a funny thing in England. Who really owns what? Currently the OP owns the tenancy for that property. He has a legally binding contract to live there which can legally only be ended by him or a court. The landlord has to serve notice of his intent to go to court and then a judge (if all the paperwork is in order) grants an eviction notice to give possession back to the landlord because the landlord has currently given possession to someone else in exchange for money.

franklee

This also implies service date isn't included in the notice period:

http://www.lawpack.co.uk/landlord-and-tenancy/eviction-notices/articles/article5811.asp

"A general minimum notice period of two clear calendar months must be given to the tenant so, for example, if a notice is served on 20 March, it cannot expire any earlier than 20 May."

NB Their section 21 notice asks for possession after the given date.

RIPironman, if you get clear answers from Shelter on the two issues I raised can you please come back and let us know.

Pixie5740

Thanks franklee, I did not know that.

I suppose some if it will come down to your Donald Duck and the judge on the day though,

RIPironman

franklee wrote: »

This also implies service date isn't included in the notice period:

http://www.lawpack.co.uk/landlord-and-tenancy/eviction-notices/articles/article5811.asp

"A general minimum notice period of two clear calendar months must be given to the tenant so, for example, if a notice is served on 20 March, it cannot expire any earlier than 20 May."

NB Their section 21 notice asks for possession after the given date.

RIPironman, if you get clear answers from Shelter on the two issues I raised can you please come back and let us know.

Unfortunately this was published in 2011 and the law changed in Oct 2015 which changes things for me quite a bit. I will call Shelter today and will post their advice!

RIPironman

Pixie5740 wrote: »

Well it does help if you stick to the one thread so that people can see all the information and advice already given.

Apologies, this would have made things easier!

RIPironman

Shelter stated that as my original tenancy started prior to Oct 2015, my notice does not need to state it is a Section 21 - so my letter and the dates are all valid.

The estate agent called me today to tell me that I HAVE to allow viewings within the last 8 weeks of tenancy. This is wrong and Shelter also confirmed this.

They also clarified that my tenancy doesn't technically end on 27th July as the landlord must then get a possession order.

I don't have to allow viewings as I have exclusive possession of the property until a possession order is enforced.

Miss_Samantha

RIPironman wrote: »

The estate agent called me today to tell me that I HAVE to allow viewings within the last 8 weeks of tenancy. This is wrong and Shelter also confirmed this.

What does your tenancy agreement say about this? This will tell you who's right and who's wrong.

RIPironman

Miss_Samantha wrote: »

What does your tenancy agreement say about this? This will tell you who's right and who's wrong.

I have a periodic tenancy. My original fixed term contract does say I'm supposed to allow access for viewings in the last 4 weeks but Shelter say that can't be enforced as the contract also states I am entitled to quiet enjoyment and that I have sole possession. Landlords aren't allowed in without permission unless its an emergency, regardless of what the lease says. Its a contractual requirement, not a statutory one.