Do I Have More Time To Find Alternative Accomodation?

Turnbull2000

newsaver40 wrote: »

Yep, it is an Assured Shorthold Tenancy (ends 5th March) but the notice he has served me is entitled 'Housing Act 1988 Section 21'.

If your AST states 5th March 2008, he cannot evict you until that date and the S21 is invalid.

sooz

His section 21 is invalid.

As others have said, he can't issue a section 21 to end before the end of the fixed term.

so he could issue one now, to end on 5th March, or issue one before 5th Jan to end 5th March. either way it must give you atleast 2 months' notice, and can't end before 5th March.

I'd start looking, but on 3rd Jan, if you haven't found anywhere, tell him that his notice is invalid.

Debt_Free_Chick

newsaver40 wrote: »

Yep, it is an Assured Shorthold Tenancy (ends 5th March) but the notice he has served me is entitled 'Housing Act 1988 Section 21'.

It states that 'by virtue of Section 21(4)(a) of the housing Act 1988, the landlord requires posession of the dwelling house forthwith after the 4th Jan 2008'.
(This was dated 1st November 2007).

I have been on pretty good terms with my landlord (have been one of his best tenants and want a decent reference from him ) so i don't really want to tread on any toes here.......... BUT, i just have a very bad feeling about not finding anywhere by the 4th Jan!

Just to confirm ....

You are legally entitled to stay until 4 March 2008.

The section 21 notice is invalid.

The term "Assured Shorthold Tenancy" translates as this ... You can be sure that whatever happens, you are entitled to remain as a tenant, for the short-term, until 4 March 2008.

Ignore the section 21 notice. Stay where you are!!!!

newsaver40

Turnbull2000 wrote: »

If your AST states 5th March 2008, he cannot evict you until that date and the S21 is invalid.

But it actually does state on the 1st page of the agreement:

2. 'This agreement is intended to create an assured shorthold tenancy as defined in section 20 of the Housing Act 1988 and the provisions for the recovery of posession by the Landlord in section 21 thereof apply accordingly'.

Debt_Free_Chick

newsaver40 wrote: »

I have been on pretty good terms with my landlord (have been one of his best tenants and want a decent reference from him ) so i don't really want to tread on any toes here.......... BUT, i just have a very bad feeling about not finding anywhere by the 4th Jan!

He has misunderstood the law as it applies here.

If you want to stay on good terms with him, call him (or write if you prefer). Tell him that, as you understand it, the tenancy agreement allows you to stay until 4 March 2008 and that you think the section 21 notice is invalid.

If you don't want to face this (and I understand that) then this is what will happen ....

You do nothing ....

On 4 Jan he does ....? Not sure, but his only option is to issue Court proceedings to have you evicted. He cannot instruct bailiffs, he cannot physically remove you. He can only apply to the Court.

When he gets to Court, the Judge will throw out his case as the section 21 notice is invalid - it's unlawful. And the judge will tell him that you can stay until 4 March.

By then, it will be too late for him to issue another section 21 notice to get you out by 4 March. So you'll be there at least until 4 April ... possibly even 4 May

Guy_Montag

I must be in a good mood, because normally I'm all fire & brimstone when it comes to incompetent LLs.

I'd write to him, or call him soon & say that his notice is invalid & that he can't evict you before the 4th March. Ask if what the hurry is & if you can come to some arrangement. Perhaps offer to start looking now, if he is happy to let you out of your contract as soon as you find somewhere, but there's no guarantee that you will be able to find anywhere & that you may have to let you stay until the end of the tenancy. Make it clear that some compensation for you leaving early would be in order.

GET ANY AGREEMENT TO THIS EFFECT IN WRITING, IDEALLY BY LETTER!!!!!

Debt_Free_Chick

newsaver40 wrote: »

But it actually does state on the 1st page of the agreement:

2. 'This agreement is intended to create an assured shorthold tenancy as defined in section 20 of the Housing Act 1988 and the provisions for the recovery of posession by the Landlord in section 21 thereof apply accordingly'.

And here it is

1) Without prejudice to any right of the landlord under an assured shorthold tenancy to recover possession of the dwelling-house let on the tenancy in accordance with Chapter I above, on or after the coming to an end of an assured shorthold tenancy which was a fixed term tenancy, a court shall make an order for possession of the dwelling-house if it is satisfied—
(a) that the assured shorthold tenancy has come to an end and no further assured tenancy (whether shorthold or not) is for the time being in existence, other than a statutory periodic tenancy; and
(b) the landlord or, in the case of joint landlords, at least one of them has given to the tenant not less than two months' notice stating that he requires possession of the dwelling-house.

Section 21 gives the Court the power to issue an order for the LL to repossess the property AT THE END OF THE SHORTHOLD TENANCY

(In your case, 4 March 2008)

Not before

Debt_Free_Chick

newsaver40 wrote: »

But it actually does state on the 1st page of the agreement:

2. 'This agreement is intended to create an assured shorthold tenancy as defined in section 20 of the Housing Act 1988 and the provisions for the recovery of posession by the Landlord in section 21 thereof apply accordingly'.

Newsaver

If you're still not sure - and you are wise to be cautious about free advice on Forums - then go and see CAB or call Shelter.

I certainly shan't be offended - why should I? I know I'm right :j

newsaver40

Debt_Free_Chick wrote: »

Newsaver

If you're still not sure - and you are wise to be cautious about free advice on Forums - then go and see CAB or call Shelter.

I certainly shan't be offended - why should I? I know I'm right :j

Thanks DFC, no you seem to know your stuff.

I've taken your advice on board and i've definitely been educated this afternoon.

I will continue to look for somewhere else, but will take my own sweet time (and not just take any old accomodation that comes up).

At least i now know what my rights are and if need be - when the time comes, will inform the LL of his invalid section 21.

Thanks to all who have replied to my thread. You've all been very helpful!:)

Debt_Free_Chick

Thanks to everyone who confirmed the situation re the section 21 notice and that Newsaver can legally occupy the property until 4 March 2008

:T :T :T :T :T
:beer: :beer: