Good Tenancy Solicitor for Tenant

Comms69

AndyW79 said:

Hey Sorry for the late reply, the BC states: 

"The Landlord may end the Term by giving to the Tenant not less than two calendar months’ prior notice in writing , such notice not to expire earlier than 8th July 2021" 

The notice is a section 21 notice (form 6A) which states that we to leave on the 30th of September 2020, of course this contradicts the break clause...

Thanks,
Andy

So it's irrelevant.

You have a landlord who either doesnt know what he's doing, or doesnt care. Either way, tell him to get f....

greatcrested

AndyW79 said:

Hey Sorry for the late reply, the BC states: 

"The Landlord may end the Term by giving to the Tenant not less than two calendar months’ prior notice in writing , such notice not to expire earlier than 8th July 2021" 

The notice is a section 21 notice (form 6A) which states that we to leave on the 30th of September 2020, of course this contradicts the break clause...

Thanks,
Andy

I don't see a contradiction.

* 30th Sept is more than two calender months away

* 30th Sept is not "earlier than 8th July 2021"

However, strictly speaking the landlord should serve two notices; one to implement the Break Clause, plus a separate S21 in order to enable an application to court for possession.

However I suspect a court would accept the S21.

trex227

greatcrested said:

I don't see a contradiction.

* 30th Sept is more than two calender months away

* 30th Sept is not "earlier than 8th July 2021"

However, strictly speaking the landlord should serve two notices; one to implement the Break Clause, plus a separate S21 in order to enable an application to court for possession.

However I suspect a court would accept the S21.

The year? I presume notice has been served for 30th Sept 2020?

greatcrested

trex227 said:

greatcrested said:

I don't see a contradiction.

* 30th Sept is more than two calender months away

* 30th Sept is not "earlier than 8th July 2021"

However, strictly speaking the landlord should serve two notices; one to implement the Break Clause, plus a separate S21 in order to enable an application to court for possession.

However I suspect a court would accept the S21.

The year? I presume notice has been served for 30th Sept 2020?

Ooops! Sorry! Mis-read the year!

Shelldean

Andy.
This is obviously bothering you?
Are you happy to move before July 2021?
If yes then negotiate with the landlord! Yes you'll leave but only for ££!
ask for enough to cover ALL your expenses! Moving, any fixed term Bb or telephone etc. And enough for the deposit going forward!

If you want to stay then you either let him carry on and he'll get nowhere as S21 can't be used until end of fixed period. Or you tell him of the error he's made!

AndyW79

Hi,
Does the new rule modified yesterday which extenders the ban on evictions until the 20th of September  and modifies the notice period to six months on evictions have any effect on a served section 21?

I think it doesn't as they are different things. In my case I haven been served a 3 month section 21 notice which ends on the 30th of September. Of course the section 21 as it has been raised is invalid as the term of the tenancy contract ends on the 8th of July  2021 and we would only be obliged to legally leave the house until that date.  

If they want to proceed they would need to go to court and apply to serve an eviction notice for a repossession order. My question is if that repossession order has a notice period of 6 months (meaning that it would start in March 2021)?

I have doubts if the court hearings would commence after the six months of the served eviction notice or on the day the eviction notice is served (apart form the massive backlog of cases pending...)

Thanks,
Andy

AndyW79

Hi,

After some research it seems that I was mistaken and the change is that the section 21 are now 6 months instead of three, doesn't change the one I was served first  with a 3 month notice.

Regards,
Andy

DoaM

Have you read any of the replies? It seems that the S21 served on you is defective, so it's as if it was never served.

AndyW79

DoaM said:

Have you read any of the replies? It seems that the S21 served on you is defective, so it's as if it was never served.

Thanks DoaM,

Yes it is very clear that is defective. I was just trying to shed a light for the LL that if they go down that route it will probably be around one year till the starts.

Regards,
Andy

macman

You really don't need to 'shed light' for the LL. That's his job to do. Nor do you even need to respond to the S21 and point out why it's invalid. If you wish, you can simply wait until it comes to court and then you show the judge your TA. He will then dismiss the application for a possession order and award you costs. 
If you do inform the LL prior to that, you are doing him a favour. Only you can decide if he merits it.