Break clause in short-term AST

Moskovite

One question regarding the actual notice itself: my statutory periodic tenancy is on monthly basis (rent pay is on the 4th day of every month). I was served this notice in mid August so 3 months end in mid Nov (that's the date mentioned in the note by which I should vacate the property). Shouldn't it be 3 months from my rent pay day thus I should have been requested to move out on Dec the 4th? Or 3 months start to roll from the day when notice is served regardless of where in the tenancy it falls on?
Just trying to find out if the notice can be deemed invalid. 
Finally, what happens if a tenant moves out of the property after notice expiry but before court hearings (or court issuing a possession order). What's the procedure for this? 

greatcrested

No. A S21 must expire at least 3 calender months (now 6) from the date it is served. See also

See S21 checklist here. (Note this is accurate except for the COVID-19 changes from 2 months to 3 months to 6 months).

If the tenant wishes to move out he should serve notice in the normal way or negotiate an Early Surrender.

rik111

Absolutely do nothing. At the moment you just need to give one months notice so why tie yourself up having to give 2 months ? If the section 21 ends mid November, what do think is going to happen if you don’t move ? They have to apply to the courts for possession and with the massive backlog will be lucky to have it heard within 6 months by which time you will be long gone. All the landlord is trying to do is bully you into giving 2 months notice rather than the required one. This is not a compromise as the agent suggests, it’s a total stitch up. Just decline to sign and tell the agent not to contact you again about it. Just keep the updated as to when you might be leaving but do not give notice until you are 100% certain of your dates. There is absolutely nothing they can do, you are in total control of the situation. Also as a side issue, if you do give notice but fail to vacate you could be liable to pay double the rent, it’s a damn sight easier to ensure your move in date one month in advance rather than 2.

Moskovite

Thank you gents! For legal help as well as confidence boost.

anselld

Moskovite said:

 I was told the main motive for landlord was to have a "contract" rather than "nothing".

I suspect the motivation is for the Agent to charge the Landlord a contract renewal fee or, in the case of the s21 if you had moved out, a new tenant find fee.  Have you spoken to the L directly about any of this?

Moskovite

Landlord issued a notice a week before legislation changed for notice to be 6 months so I trust it's his intention to move a good paying tenant (me) out and tie someone in with a long contract. On that basis I believe it's pointless to speak to him.
On another note, my concern is if I stay beyond notice period expires can this somehow impact lender decision to transfer mortgage funds for my new build? I mean if the lender learns that I'm being summoned to court for eviction?
Also like I asked here before what is the process of me moving out after notice expires but before the actual court hearing? Do I have to give a one month notice or any other notice? Does it have to be an agreement with LL, i.e.  surrender? Something else?
The main idea here is to get out from this situation without negative credit history, loss of mortgage offer or significant financial impact. 

greatcrested

Have we not covered this already?

Moskovite said:

Landlord issued a notice a week before legislation changed for notice to be 6 months so I trust it's his intention to move a good paying tenant (me) out and tie someone in with a long contract. On that basis I believe it's pointless to speak to him. Big assumption but.... OK
On another note, my concern is if I stay beyond notice period expires can this somehow impact lender decision to transfer mortgage funds for my new build? I mean if the lender learns that I'm being summoned to court for eviction? Learns how? I suggest you don't tell them.Plus expiry of a S21 Notice does not in itself mean you are " being summoned to court for eviction".
Also like I asked here before what is the process of me moving out after notice expires but before the actual court hearing? Do I have to give a one month notice or any other notice? Does it have to be an agreement with LL, i.e.  surrender? Something else?

As per my post 5 above this one:

If the tenant wishes to move out he should serve notice in the normal way or negotiate an Early Surrender.

Moskovite

Yeah well we kinda covered it already when you first referenced to it as "serve a proper notice" and then followed by "serve notice in the normal way". So which is it proper or normal or both and what does it specifically entail? Is there a "proper" form (like in case when LL does that) or it's just a "normal" free text that I'll be vacating the property in one month time from the date of this letter? Also I read from your link (thank for posting it) on how AST ends and it says something about the notice should end on the day when the periodic tenancy starts which again is a bit confusing whether it is a full calendar month or could be more depending on what day you issue it. Finally, there is "address for the notice to be served", I'm not sure my AST agreement has one, where do I send it then? Also what's the proof that LL receives it and agency gets it registered so they can't claim it was never sent or they never received one. 
Sorry too many questions but I appreciate your help. 

greatcrested

All explained in the link provided in the 7th post above. Here it is again:

Post 4: 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?

Moskovite

Yes, that's the link I was referring to. It seems unfair that 3 months notice from LL can fall on any calendar day and be exactly that 3 months sharp while my "one month notice" should only fall on the start/end day of periodic tenancy, meaning is it can be almost 2 months if it's served a day after the rental period started. Is my understanding correct? 
Example: my rolling tenancy starts on the 4th of each month, suppose I issue a notice on the 10th of November, then according to the rules for SPT the notice should fall on the 4th of January and I end up paying rent for the whole December and even first days of 2021? Which is effectively almost 2 months from the moment the notice got issued.