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Help! Can they do this?
Comments
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Out of interest, anyone know how much notice I'd have to give if I decided to leave?0
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You have a Contractial Periodic Tenancy so your notice depends on what your contract says.0
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1) As you have discovered
a) if the landlord serves a S21 in the 1st 4 months, it is invalid
b) if the LL serves a S21 with an expiry date (ie 2 months after serving) earlier than 6 months, it is invalid
c) if the LL serves a S21 in retaliation for repairing requests AND referral to the council, it is invalid. See:
* Repairing Obligations: the law, common misconceptions, reporting/enforcing, retaliatory eviction & the new protection (2015)
2) If the tenant wishes to serve notice in a Contractual Periodic Tenancy
a) see what the tenancy says and
b) ensure the notice expires at the end of a 'period' (either weekly, monthly, quarterly)
c) if the tenancy agreement is silent (says nothing), then notice is at least one full tenancy period
See
* 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?0 -
Great info! My contract doesn't say anything about how much notice I'd need to give.
I'm surprised the landlord seems so unaware of the law. He owns and rents out dozens of other flats!0 -
Was you deposit protected and did he provide documentation to that effect? If not, I believe he can fined.
I'm sure someone else will post the full details here.
They're a helpful lot!I may not have thanked you but I meant to, honest!0 -
Shelter were very helpful. They explained that the Section 21 notice is invalid for several reasons. 1st because it's been served only a few weeks into the tenancy and would expire less than 6 months after I moved in. Also, no Energy Performance certificate was given. And no How To Rent booklet was given.0
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EPC does not invalidate a s.21 notice afaik
But that's by the by0 -
"For tenancies after October 1st 2015 a valid Section 21 can only be given when the tenant has been provided with a copy of a valid EPC, Gas Safety Certificate and the most recent version of How to rent: The checklist for renting in England. This should all be provided at the start of the tenancy."EPC does not invalidate a s.21 notice afaik
But that's by the by0
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