Being served S21 and buying our house at the same time

canaldumidi

Snookie12cat said:

The S21 is invalid because it needs to be issued in line with the contractual dates being the 23rd of the month to expire on the 22nd of the month. 
Because it expires on 14th January it's not valid. 
They need to issue it again from 23rd December, giving you until 22nd February. 

This is incorrect. You are getting confused with earlier leglislation. Form 6a (for tenancies since 1/10/15) is the S21 Notice to be used and requires 2 calender months notice.

As I understand it it's illegal for you not to be given landlord contact details.

Your understanding is incorrect. The Landlord and Tenant Act 1987 S48 requires the tenant to be given AN address 'for serving notices' That address can be anywhere in England including c/o an agent.

The Landlord & Tenant Act 1985 S1 requires an agent to provide the LL's actual addrss if asked for by the tenant in writing.

canaldumidi

Housing Act 1988 as amended applies in Wales too.

Snookie- just for clarification, do I recall you are a letting agent?

saajan_12

Some really poor / incorrect advice here.. 

Snookie12cat said:

The S21 is invalid because it needs to be issued in line with the contractual dates being the 23rd of the month to expire on the 22nd of the month. 
Because it expires on 14th January it's not valid. 
They need to issue it again from 23rd December, giving you until 22nd February. 

No, Section 21 notice must give 2 clear calendar months, expiring any time on or after the end of the fixed term (unless break clause). There is no requirement for those 2 months to align with the tenancy periods. 

SiliconChip said:

OliviaWw said:

Thank you, but we don’t know the landlord’s contact details. Berthing is through the agent unfortunately

As I understand it it's illegal for you not to be given landlord contact details. Regardless of that, it'll only cost you £3 to download ownership details for the property from the Land Registry.

No,
- the only thing you have to be given is an address for serving notices which is within England & Wales, can be an agent
- Right to a residential address for the LL only arises if the tenant requests it in writing
- No right to other contact details eg phone or email; the above is only for physical addresses. The OP could ask for the LL's home address and then write to them, pen + paper, but they may not actually prefer that to just emailing the agent. 

canaldumidi said:

So 12 Nov - 14 Jan is valid.

But offering you a new contract at a new rent invalidates the S21. You could also look at these 84 questions here: S21 checklist (Is a S21 valid?)

This isn't necessarily incorrect, but also not clear that OP can rely on the notice being invalid (and prove it). The agent has served notice and asked for a rent increase. There's no indication of the order of these two actions or that they were simultaneous. The rent increase may also just have been a "for the remainder of the tenancy I would like X rent" rather than a new fixed term, so that's not necessarily contradictory to the lease. Even if they were at the same time, this may be hard to prove.. 

--
OP, there's nothing to say its 100% invalid, but  regardless you can only be evicted via a court, and sounds like you'll likely be out by then anyway, so it makes little difference. I would 
1) state that you plan to continue on periodic, and will serve your notice when you are ready to leave. You do not agree to a rent increase either. No point in continuing discussion beyond that. 
2) Ignore any further back and forth on the same things
3) If / when you've exchanged, serve your own notice (note this may need to be in line with tenancy periods depending on whether its a SPT or CPT)
4) If the LL/agent sends a Section 13 notice to increase rent, then you can state you refuse because its out of line with the market, and raise it to tribunal. They will review and decide on the new rent. Do pay whatever they say. Outside that, there's no way for the LL to increase rent without your agreement. 
5) If the LL/agent applies to court for a possession order, respond and attend if you're still there (expect this to be late 2021 even based on the current notice). At that point, you can argue the validity of the notice if it buys more time. 

canaldumidi

....
4) If the LL/agent sends a Section 13 notice to increase rent, then you can state you refuse because its out of line with the market, and raise it to tribunal. They will review and decide on the new rent. Do pay whatever they say. Outside that, there's no way for the LL to increase rent without your agreement. 
...

Not quite.

If the OP's original tenancy agreement had a clause specifying how/when rent can be raised, a S13 Notice is not required. OP should check their original TA.

saajan_12

canaldumidi said:

....
4) If the LL/agent sends a Section 13 notice to increase rent, then you can state you refuse because its out of line with the market, and raise it to tribunal. They will review and decide on the new rent. Do pay whatever they say. Outside that, there's no way for the LL to increase rent without your agreement. 
...

Not quite.

If the OP's original tenancy agreement had a clause specifying how/when rent can be raised, a S13 Notice is not required. OP should check their original TA.

Yes quite for THIS OP who said the below (otherwise I'd agree with you) 

OliviaWw said:

There’s no mention of rent increase in the contract. It’s a 6 month fixed term contract. 

london21

Keep paying rent and leave as soon as you can. The agent is been unreasonable as surely you can't make yourself homeless.
Hopefully your purchase completes soon and then you can move. 

aoleks

tell the agent you are not accepting the increased rent and are continuing on a rolling contract for the time being. do not mention their section 21, it's not valid. IF and WHEN they give you proper notice to evict the property, you still have a few months to actually do it. it's not like you need a good landlord reference (ah, the might of owning of your house!!!).

when you do have to leave, give correct notice and everything's gonna be fine. leave the flat in immaculate condition and document everything meticulously, they'll look for reasons to withhold your deposit.