Section 21 notice

sugar_daddy1237

Hi

I moved in to a private property about 3 years years ago on 1st March.
I have been on a rolling tenancy agreement since then & not signed another one. Last week my landlord gave me a section 21 notice to vacate the property by 1st of February. Is this valid? Or should have they waited till 1st of March 2020 so the year of my contract is complete? Or are they correct as I am on a rolling contract?

dimbo61

You are on a rolling contract ( periodic tenancy)
So your Landlord needs to give you 2 months notice and you need to give 1 months notice.
I take it you don't want to leave ?

sugar_daddy1237

dimbo61 wrote: »

You are on a rolling contract ( periodic tenancy)
So your Landlord needs to give you 2 months notice and you need to give 1 months notice.
I take it you don't want to leave ?

But is he right to give me 2 months notice which requires me to leave by 1st of February or can I challenge it and say that my periodic tenancy ends on 1st March?

I would like to stay till the summer or at least 1st of March.

tom9980

Read this

https://forums.moneysavingexpert.com/showpost.php?p=67759913&postcount=4

Then check

https://markprichard.co.uk/content/documents/170522-Section-21-checker-tool.pdf

tom9980

sugar_daddy1237 wrote: »

But is he right to give me 2 months notice which requires me to leave by 1st of February or can I challenge it and say that my periodic tenancy ends on 1st March?

I would like to stay till the summer or at least 1st of March.

Read my post above but talking to your landlord and asking might get you longer without as much hassle.

yksi

You seem to be saying that you originally signed for a one year lease. When the original contract dates have come to an end, the tenancy doesn't automatically run for another year. The "period" in the word "periodic" is the time that your rental payment pays for, meaning that when your initial agreement came to an end, your tenancy continued month-to-month. The landlord has to give two months, or you can give one.

This is all assuming the most common lease type and clauses were used. (monthly, AST + SPT)

Check firstly what's in your lease, and what kind of lease it is, whether there was any clause about what happens when it expires. Check secondly that the Section 21 is valid by reading sections 2 & 3 on this link. https://england.shelter.org.uk/housing_advice/eviction/section_21_eviction/how_to_check_a_section_21_notice_is_valid

sugar_daddy1237

yksi wrote: »

You seem to be saying that you originally signed for a one year lease. When the original contract dates have come to an end, the tenancy doesn't automatically run for another year. The "period" in the word "periodic" is the time that your rental payment pays for, meaning that when your initial agreement came to an end, your tenancy continued month-to-month. The landlord has to give two months, or you can give one.

This is all assuming the most common lease type and clauses were used. (monthly, AST + SPT)

Check firstly what's in your lease, and what kind of lease it is, whether there was any clause about what happens when it expires. Check secondly that the Section 21 is valid by reading sections 2 & 3 on this link. https://england.shelter.org.uk/housing_advice/eviction/section_21_eviction/how_to_check_a_section_21_notice_is_valid

That's perfect. I thought once my 12 month expires, maybe it automatically renews for another year. But you say it's month by month once the initial period expires.

I will check my contract but thanks everyone.

G_M

Assuming you pay monthly, your periodic tenancy periods run monthly, in your case from the 1st to the last day of each month.

The LL has to give you 2 calender months notice. If he served the S21 on or before 1st December, then it can expire on 1st Feb. What date was it served on you?

There are many other factors however, so check these 88 questions:

S21 checklist (Is a S21 valid?)

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?


ps - did your original tenancy start before or after the 10th October 2015? It affects the S21 form to be used.

martindow

If the S21 notice was served 'last week' we were already in December so it would have been too late for the LL to serve notice for 1st February as is would be under two months.



What was the exact date you received the S21? If it was a bit more than a week it could have been served on time assuming it is valid as per G_M's checklist.

G_M

martindow wrote: »

What was the exact date you received the S21? If it was a bit more than a week it could have been served on time assuming it is valid as per G_M's checklist.

Except 'service' is the date received, not the date sent. It is (legally) assumed that if posted 1st class it is 'served' 2 working days later, so unless it was delayed in the post and was posted on 28th November, it will have missed the Dec/Jan notice period deadline.

sal_III

Even if the S21 notice is valid, you still don't have to leave on 1st February. Your LL will have to apply to court for a possession order on the grounds of a valid S21 notice, which takes 2-6 weeks depending on your area.

So if you wish to stay until 1st March, you can do so, although I wouldn't count on references from the LL for your next rental.

It's best to just find a new home