Section 21 Notice to Quit.

G_M

I think I disagree with posters above.


A contract (tenancy agreement) does not have to be signed.It can be verbal or in any other form. What matters is that both parties are in agreement that a contract has been formed, and are clear as to what the terms of that contract are on either side.

"The Landlord has confirmed that they are happy to go ahead with an extension for a further 6 months, the rent will remain at £295 pcm"

I signed and returned their invitation renew the tenancy for a further six months.

The LL offered a fixed term of 6months.
The tenant accepted and agreed to pay the rent.


I believe a fixed term tenancy exists, and any S21 Notice should be dated to expire on or after the end of that fixed term (28th Feb 2019)


Of course, in the event of this being disputed, it is up to a judge to determine and the judge may disagree with me!

Comms69

Butts wrote: »

No, I signed and returned their invitation renew the tenancy for a further six months.

Are you saying as I didn't get a new AST it has now become a periodic tenancy and therefore they can renege on the invitation to stay for a further six months ?

Not saying that, but if you had it would make this much easier to sort out

G_M wrote: »

I think I disagree with posters above.


A contract (tenancy agreement) does not have to be signed.It can be verbal or in any other form. What matters is that both parties are in agreement that a contract has been formed, and are clear as to what the terms of that contract are on either side.


The LL offered a fixed term of 6months.
The tenant accepted and agreed to pay the rent.


I believe a fixed term tenancy exists, and any S21 Notice should be dated to expire on or after the end of that fixed term (28th Feb 2019)


Of course, in the event of this being disputed, it is up to a judge to determine and the judge may disagree with me!

I'm inclined to agree with G_M; with the added query? Did you pay a fee for renewal?

G_M

Comms69 wrote: »

Not saying that, but if you had it would make this much easier to sort out

I'm inclined to agree with G_M; with the added query? Did you pay a fee for renewal?

A fee would certainly add weight to the claim that a new fixed term contract was agreed.


But the absence of a fee would not add any weight to a claim that a fixed term tenancy was not agreed.

Butts

Comms69 wrote: »

Not saying that, but if you had it would make this much easier to sort out





I'm inclined to agree with G_M; with the added query? Did you pay a fee for renewal?

There was a fee of £72 but this was waived as when the new Agency took over the Management of the Property reading through the new Tenancy agreement I noticed it and objected as the previous Agency had not charged such a fee.

The Agent crossed the clause out of my Tenancy Agreement and annotated "No Fee" and signed it.

When I returned the invitation to renew the tenancy in July which asked for the £72 Fee I made a note on the form that I had been exempted from the fee with the details above and there was no further mention of it.

As an interesting aside the DPS record still shows my original Agency as the interested party and not the new one.

Comms69

G_M wrote: »

A fee would certainly add weight to the claim that a new fixed term contract was agreed.


But the absence of a fee would not add any weight to a claim that a fixed term tenancy was not agreed.

agreed, again just seeing if any trump cards were there

Butts

The original Agency was a High Street Chain who may have been a bit cumbersome and bureaucratic but at least they did things properly.

The new agent met the Tenant below me in a car park accepting cash for all his upfront fees/rent/deposit and he hasn't even got a Tenancy Agreement - "theres one in the office". I only got one when they took over because I insisted on it.

Suprisingly they are not a member of ARLA or any other Trade Body !!

Comms69

Butts wrote: »

The original Agency was a High Street Chain who may have been a bit cumbersome and bureaucratic but at least they did things properly.

The new agent met the Tenant below me in a car park accepting cash for all his upfront fees/rent/deposit and he hasn't even got a Tenancy Agreement - "theres one in the office". I only got one when they took over because I insisted on it.

Suprisingly they are not a member of ARLA or any other Trade Body !!

Report them to trading standards then

Butts

Comms69 wrote: »

Report them to trading standards then

I wouldn't waste the cost of a stamp !!!

Now that it seems to be established that they have made a procedural error should I point this out to them or just sit tight and see what transpires. Do I need to be proactive ?

As the Section 21 Notice requires posession on 1st December I assume this is the earliest they can apply to the Court if I fail to comply. Probably looking at a hearing in January or is it quicker than that ?

I will continue to pay my rent as normal.

They are asking to be allowed to "prepare an inspection for the final inspection on my departure date" - ie Dec 1st.

It is my belief that they do not have a copy of the inventory or move in inspection as this was conducted by the original Agency - does this have any bearing on matters ?

And what about the fact the DPS Tenancy Cerificate does not name them as the landlord or letting agent - it shows the previous letting agent. I accessed it today just to check.

Pixie5740

As I have already pointed out a Section 21 is just notice that the landlord might go to court to request a possession order it is not itself a possession order. Did you read the guide I directed you to earlier?

The fact that the current letting agent does not have a copy of the check-in inventory is irrelevant to how your tenancy can be ended. Likewise the name of the landlord/letting agent your deposit is registered under is irrelevant in terms of how your tenancy can be ended.

If you have a legally binding fixed term contract until 31st January 2019 why not point it out the the letting agency. See what they come back with and then plan your next move.

Butts

Pixie5740 wrote: »

As I have already pointed out a Section 21 is just notice that the landlord might go to court to request a possession order it is not itself a possession order. Did you read the guide I directed you to earlier?

The fact that the current letting agent does not have a copy of the check-in inventory is irrelevant to how your tenancy can be ended. Likewise the name of the landlord/letting agent your deposit is registered under is irrelevant in terms of how your tenancy can be ended.

If you have a legally binding fixed term contract until 31st January 2019 why not point it out the the letting agency. See what they come back with and then plan your next move.

Yes, I did look at the Guide. If you read my post in full they are asking to conduct an inspection of the Property shortly so they can be prepared to do another one when I leave. This intimates that they are expecting me to leave on December 1st.

I appreciate the Inventory/DPS matters do not have a bearing on whether the Tenancy ends or not. I was just seeking some separate advice on these matters.

With regard to claiming I have a binding agreement until January I would rather they find that out in Court after they have expended a considerable amount of money for the privilege.