Quick Question regarding S21 notice served - INVALID NOTICE?? help much appreciated!

bertie1979

Hi, I moved into a rental (6 month tenancy date started 25th April 2020), they decided to try to sell the property and gave me notice on 21st July 2020 for possession on 24th October 2020. Everything all looks ok with regards paperwork, dates, EPC, etc etc
I'm currently all up to date with all rent.
Can i just ask with regards S21 being given correctly? from my understanding they're not allowed to give notice within the first 4 months of the contract?
I have no issues with leaving, except it's tricky finding somewhere to rent round here, but have found something i can move into the 2nd week of November.
I know obviously they can only get me out with a court order, however i don't want to go that route and just want to be armed with any inaccuracies that could help me with the letting agent, to extending if they decided to not "allow" me to remain a further 3 weeks.

Comms69

You're right. 

If you said you're moving mid Nov and they dont buy you a bottle of wine as a thank you they're thick as pig s....

Literally there is no 'allow' or not. Courts are simply not taking these cases. Tell them you will leave mid november i they pay your moving costs

bertie1979

so that's 100% confirmation?
tenancy started 25th April - 24th October.
notice given 21st July (2 months & 26 days after tenancy started)
it HAS to be at least 4 months after tenancy start date, so the earliest they could have given the notice (3 month notice due coronavirus act 2020) was 24th/25th August?

if that's the case, does this mean
a) the notice is invalid and they'd have to start again? and
b) in theory give me 6 months notice?

Comms69

Correct, assuming the dates are accurate. 

But look at the reality, you will not be evicted before this time next year. Get them to give you some cash (6 months rent) to leave conveniently. 

SpiderLegs

Comms69 said:

Correct, assuming the dates are accurate. 

But look at the reality, you will not be evicted before this time next year. Get them to give you some cash (6 months rent) to leave conveniently. 

Somehow I don’t think that the OP demanding repayment of the total rent they have paid since they moved in is going to fly.

But you never know I guess. It’d certainly make for one hell of a reference.

bertie1979

thanks for information, i have no want to crap on them.
they said they only gave me notice, as they had a buyer.
i let them come in and have a full survey, etc etc, then was informed a week later that the buyers had pulled out.

Comms69

bertie1979 said:

thanks for information, i have no want to crap on them.
they said they only gave me notice, as they had a buyer.
i let them come in and have a full survey, etc etc, then was informed a week later that the buyers had pulled out.

Well that's upto you. But certainly no issue with you waiting til mid Nov and like i said they should be naming their first born child after you if that's all it is in the current climate. 

Comms69

SpiderLegs said:

Comms69 said:

Correct, assuming the dates are accurate. 

But look at the reality, you will not be evicted before this time next year. Get them to give you some cash (6 months rent) to leave conveniently. 

Somehow I don’t think that the OP demanding repayment of the total rent they have paid since they moved in is going to fly.

But you never know I guess. It’d certainly make for one hell of a reference.

Depends on how much it'll cost them to wait until 2022.

SpiderLegs

Sometimes @Comms69 I wonder what planet you are living on. Everything seems to be some massive game of one upmanship, completely detached from the reality of most people’s lives. It doesn’t sound very nice tbh.

Comms69

SpiderLegs said:

Sometimes @Comms69 I wonder what planet you are living on. Everything seems to be some massive game of one upmanship, completely detached from the reality of most people’s lives. It doesn’t sound very nice tbh.

I appreciate your concern  

it serves me well

greatcrested

bertie1979 said:

so that's 100% confirmation?
tenancy started 25th April - 24th October.
notice given 21st July (2 months & 26 days after tenancy started)
it HAS to be at least 4 months after tenancy start date, so the earliest they could have given the notice (3 month notice due coronavirus act 2020) was 24th/25th August?

if that's the case, does this mean
a) the notice is invalid and they'd have to start again? and
b) in theory give me 6 months notice?

Correct.

a) Yes

b) No. In practice (ie legally) they'd have to give you 6 months notice.

For more, see

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?