Section 21

CarInsScams

Hi,

My daughter has rented a student house for the last 2 years. Her current AST is due to expire on 30th June. Can the landlord issue a section 21 on the 30th April and make them leave on 30th June, or will they be protected under the new rental rights bill? Thanks

elsien

The landlord can’t make them leave on the 30th of June anyway. The only way to make them leave to take them to court. The section 21 is simply informing that if they are not out by the given date, then the landlord may commence proceedings.
When you say the AST is due to expire, do you mean it is a fixed term contract? Because if so, at the end of it, it simply goes onto a rolling one month contract.

What are her particular concerns?

saajan_12

Valid notices served before the RRB comes in will remain valid. If validly served on 30 Apr, then yes it is notice that the LL may seek possession from 30 June. That doesnt' mean she has to leave on 30 June, but rather the LL could go to court to seek possession, then it could take another few months to get a court date and bailiffs.

Note another get out could be if the section 21 notice has a mistake, as they're notoriosly difficult with a lot of criteria to get righ. If so, then court action woudl fail and she falls into a periodic tenancy under RRB. Note it is still possible to evict under the RRB depending on the reason - eg if the LL wants to sell or move in, or if the tenant breaches the tenancy.

Do you know why the LL wants to evict?

CarInsScams

Thanks for the responses. She absolutely won't go for the stress of being taken to court! The letting agency have come back and said as they are a student HMO (of 3!) the landlord can seek posession under section 8 ground 4a. They're happy for them to sign a new contract, but I hoped we wouldn't need to.

Isthisforreal99

https://forums.moneysavingexpert.com/discussion/comment/81881774#Comment_81881774

Why do you not want a new contract?

saajan_12

https://forums.moneysavingexpert.com/discussion/comment/81881774#Comment_81881774

That's the case under the RRA and the notice is slightly different: ground 4a will require 4 months notice not 2, the termination has to be during the summer and only if the property will be relet to students again. So yes for student properties, there will always be a possibility of eviction, whether 2 months notice served before 1 May or 4 months notice if served after and with extra conditions. (another reason why the RRA isn't fit for purpose..)

What exactly is the worry or aim here? Does she want to remain in the property but not for a full year?

theartfullodger

https://forums.moneysavingexpert.com/discussion/comment/81881628#Comment_81881628

Almost. It's just informing tenants that landlord May go the s21 route to court. Thatcher's option to evict for NO reason at all. Many )many) s21s are invalid due to landlord failing to get other required paperwork right. Good luck!

JoeBolt

Should be there any difference to the Section 21 wording if the tenancy has rolled over to a periodic one month rolling contract?

My tenancy is a one month rolling contract but I received a Section 21 notice at the beginning of this month with notice to quit by 05 April 26.

The letter just states that the notice has been served in accordance with my tenancy agreement. However, the enclosed guidance notes only mention an AST. Could this work to my advantage in any legal proceedings?

For the record, I'm not planning to go on 05 April. It's too soon, I'm working away (often abroad) for more than 50% of the year and I have nowhere else to live. I've rented this place for over 21 years and I get two months notice? It might be legal but it's not right.

Realistically I wonder how long I've got before things turn nasty.

gazfocus

https://forums.moneysavingexpert.com/discussion/comment/81888529#Comment_81888529

No, the section 21 is a pre-done form together with the notes page, from the UK government so it's pretty watertight. Even if you're on a periodic rolling tenancy your tenancy is bound by the same terms as your original AST which will be what the notes are referring to.

saajan_12

https://forums.moneysavingexpert.com/discussion/comment/81888529#Comment_81888529

A periodic tenancy IS an AST. An Assured Shorthold Tenancy can come in two flavours, either a fixed term or a periodic tenancy.

If you're not living there half the year then just move and let someone else live there.

JoeBolt

https://forums.moneysavingexpert.com/discussion/comment/81892237#Comment_81892237

Someone else already lives there. My wife.

The point I wanted to make is that 2 months notice, already precious little to find another place to move to, shrinks considerably when I could be away for half of that time with work.