Section 21 incorrectly served?

Murphybear

Hi

Need some sound advice please

We moved into a house on August 16 2017. We got a S21 notice (on the correct form) on 1st December 2017. After some research I have found that for tenancies that started after October 2015 a S21 notice cannot be served in the first 4 months of the tenancy so our S21 has been incorrectly served and is therefore invalid.

If I have understood correctly then obviously it will make a great difference to us. It will give us longer to find somewhere else, just before Christmas is not the best time to house hunt.

The tenancy was a tenant find as the landlord lives next door and he used the agency to serve the notice.

We will carry on paying the rent of course but not say anything to the landlord or agency until mid February.

I need to know that I have understood this correctly. I am planning to get some advice from the CAB and local Council but know this can take forever.

Thoughts please?

westernpromise

You say you moved in on August 16 but what was the date in which the tenancy started according to the tenancy agreement?

If it says 1 August the s21 would then have been properly served.

Margot123

westernpromise wrote: »

You say you moved in on August 16 but what was the date in which the tenancy started according to the tenancy agreement?

If it says 1 August the s21 would then have been properly served.

Yes, correct, OP must check this date NOT the moving in date. The date of contract is the relevant part.

Murphybear

The tenancy started the day we moved in, the 16th August.

Comms69

When does the s.21 expire?


16th Feb?

Murphybear

The tenancy started on 17th August not the 16th as I thought. The S21 was dated 1st December 2017 and says we have to leave “after 16th February 2018”

Comms69

Murphybear wrote: »

The tenancy started on 17th August not the 16th as I thought. The S21 was dated 1st December 2017 and says we have to leave “after 16th February 2018”

G_M corrected my previous posting - thanks.

G_M

Comms69 wrote: »

From what I can tell that's absolutely fine.

The notice provides you with the correct amount of time, but has been delivered early.

Someone may correct me, which is fair enough.

(You don't have to leave by the way)

Yup!

I'll correct you!

As OP says, a S21 cannot be served during the first 4 months of the tenancy.

Tenancy start date = 17/8/17, therefore S21 cannot be served earlier than 17/12/17.

S21 is invalid. 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?

See also

* S21 checklist (Is a S21 valid?)

Comms69

G_M wrote: »

Yup!

I'll correct you!

As OP says, a S21 cannot be served during the first 4 months of the tenancy.

Tenancy start date = 17/8/17, therefore S21 cannot be served earlier than 17/12/17.

S21 is invalid. 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?

Interesting, and I've just checked RLA guidance for Landlords which confirms what you say.


To be honest I don't agree with it, as the amount of notice provided is correct. But hey ho. Thanks - i'll amend my post

G_M

Comms69 wrote: »

To be honest I don't agree with it, as the amount of notice provided is correct.

Do you mean you don't agree with the principle of the law prohibiting service of a S21 in the first 4 months?

Or you don't agree with the interpretation of the law and belive that provided 'the amount of notice provided is correct' the S21 would be valid?

For information, the law was changed to eradicate the practice of LLs issuing S21s from the start of tenances (the so-called 'Sword of Damocles').

Comms69

G_M wrote: »

Do you mean you don't agree with the principle of the law prohibiting service of a S21 in the first 4 months?

Or you don't agree with the interpretation of the law and belive that provided 'the amount of notice provided is correct' the S21 would be valid?

For information, the law was changed to eradicate the practice of LLs issuing S21s from the start of tenances (the so-called 'Sword of Damocles').

No I agree with the interpretation, just not necessary the implementation of the law.


I understand why the law was brought in. LLs (or LAs on their behalf) would serve S.21 notices at the start of the tenancy, so that if the tenant didn't renew, or was otherwise no desirable, the LL had already supplied the 2 months notice and could go straight to court.


It just doesn't seem to solve the problem. The LL can still begin court proceedings, albeit a day or two after the fixed term, rather than immediately.


It seems the intention was for Tenants to 'prove' themselves, so a LL would have to take an active step to evict, rather than passive (IE notice already served)


Not sure what the best solution would be to be honest.