Section 21 notice

DanS1

My tenancy with a private landlord is up for renewal in 2 months, and have been sent a new tenancy for me to sign, if I wish to. Although bizarrely, in the same envelope is a Section 21 notice for me to leave by the end of my current fixed tenancy. I’ll ring them tomorrow but could this be a genuine (if not stupid) error, or could they really want me out?

secla

Id imagine they want you to sign up for another fixed term or leave

_Penny_Dreadful

DanS1 said:

My tenancy with a private landlord is up for renewal in 2 months, and have been sent a new tenancy for me to sign, if I wish to. Although bizarrely, in the same envelope is a Section 21 notice for me to leave by the end of my current fixed tenancy. I’ll ring them tomorrow but could this be a genuine (if not stupid) error, or could they really want me out?

It's a bizarre move from a landlord whereas it is a common modus operandi for letting agents.  If you are a decent tenant why would any right minded landlord want to get rid of you should you prefer to have a periodic tenancy over a fixed term?  I know I wouldn't.  Letting agents on the other hand might do it because they receive fees from the landlord for getting a new fixed term contract signed.

If the landlord really wanted you out, you would not have been offered a new fixed term contract, the section 21 would have come on its own.

macman

Your tenancy isn't 'up for renewal'. Once the contractual tenancy ends, it goes periodic by default, unless you mutually agree a new fixed term.

theartfullodger

DanS1 said:

..................... Although bizarrely, in the same envelope is a Section 21 notice for me to leave by the end of my current fixed tenancy. I’ll ring them tomorrow ........

A s21 notice, even if valid (many many are not) does not end a tenancy nor compel tenant to leave: Only a court can do that - probably another 6-ish months before you'd HAVE to leave..

To check if s21 is valid or not see....
https://nearlylegal.co.uk/section-21-flowchart/
&
https://england.shelter.org.uk/housing_advice/eviction/section_21_eviction/how_to_check_a_section_21_notice_is_valid

bunnygo

A section 21 is indeed not a notice to leave - it is a notice that if you don't (perfectly legal) then proceedings will commence to evict you. English landlords can't end tenancies.

what do you want to happen? If you want to stay another 12 months, sign the extension. That means they can't use section 21. If you don't want to stay 12 months, or at all, contact the landlord and tell them what you do want to do. They may still want to use the section 21 but it does not mean you have to go.

process: sec 21 expires, tenant doesn't leave. Landlord begins court proceedings. If all paperwork correct, court eventually issues possession order. Tenant still does not have to leave. Landlord escalates to bailiff - only when bailiff comes does tenant have to go. Tenant is liable for court and possession fees (although good luck to landlord enforcing those) and of course will not be a desirable person for future landlords.

DanS1

I’m ok to sign a new contract. Only issue is, despite renting from them for 6 years, I’m still required to have a guarantor. I don’t have a guarantor, and have to use a company to act as my guarantor, who charge a fee of a months worth of rent. I’ve used them for the last few years but don’t see why I should keep having to use them. I’ve spoken to LL’s yesterday about it but it’s like talking to yourself.

Gycraig

Play chicken with them reply back saying you are happy with with a rolling contract thank you. 

They might just back down, and if they don’t just take it as it comes. 

Personally I wouldn’t want to rent from someone using these tactics anyway, it’s the exact reason section 21 is being abolished. 

propertyrental

The message you are being sent by the agent (probably agent as penny_dreadful says above) is "sign the tenancy agreement or you're out".

However as also explained above, a S21 takes time to implement, but by serving it now, 2 months before the end of your current fixed term, the (LL? agent?) is 2 months into the process.

But another 'however'; even if it passes all the validity tests in artful's link,I believe the offer of a new tenancy agreement, at the same time or subsequent to serving a S21, can invalidate it. The court will assume that the LL wants the T to stay, so will (may?) dismiss the S21.

MattMattMattUK

Gycraig said:

Play chicken with them reply back saying you are happy with with a rolling contract thank you. 

They might just back down, and if they don’t just take it as it comes. 

That presumes that the OP is also willing to lose a game of chicken, they may not be.

Gycraig

MattMattMattUK said:

Gycraig said:

Play chicken with them reply back saying you are happy with with a rolling contract thank you. 

They might just back down, and if they don’t just take it as it comes. 

That presumes that the OP is also willing to lose a game of chicken, they may not be.

You missed out half my comment to change the context ?. 

What I said is a suggestion, the op is free to  do with it what they want. It doesn’t “presume” anything