Help Section 21 notice and woes

peter999

Debt_Free_Chick wrote: »

Then, on 23 Feb tell him his notice was not valid.

Don't point out his mistakes, let the Judge do that, although be ready to remind the Judge just in case, as they often side with the Landlord.

peter999

imcarm

I am being as honest as I can, we had trouble renting the place in the first place due to my partners bankruptcy, the agent insisted that we pay the full 6mths upfront plus the deposit and their fee's, it totaled about £4000. We stated to the Agent that we were looking for long term as we didn't want to be in this position 6 moths down the line (especially with a 2 yr old child).

I work full time and have been in permanent employment for the last 10 years with the same employer, my partner works part time.

It's not the fact that we have to get out, it's the fact that we like the property it's ideal for both of our jobs and we have done nothing the break the tenancy rules. The house is already on the market for let (which has increased by £20) - As you can tell we are quite bitter about the whole thing and cannot understand why the landlords/agent would want us to leave, they don't seem to have an answer and try and avoid the question.

I copied the rent agreement and the Section 21 word for word, we do feel as if we are being hard done by - But at the end of the day if we have to leave then we have to leave.

We have been in contact with our local council and filled all the forms out back in December, an agent is calling us Monday to discuss the situation so we could well be in another property soon.

If the section 21 is invalid then we could of missed this, which meant losing 10 days rent in which we have paid for. The Landlord is not losing out because as far as I know the Agent pays the landlord if the property has tenants or not.. The only one who loses out with the invalid section 21 notice is the agent. We even paid the Agent/landlord 2 weeks rent as a good will gesture because we could not move in on the date they required..

We are looking for other properties, we have the council involved so we don't plan to sit here and do nothing, we are doing all we can but this time of year and the location does not help.

speedtwin

MissMoneypenny wrote: »

Another spanner in the works for the LL with a S21 would be what you pointed out in this thread;)
http://forums.moneysavingexpert.com/showthread.html?t=675601

Are you saying i should not have pointed it out

Debt_Free_Chick

speedtwin wrote: »

I am now going to throw a spanner in the works concerning section 21. If the rent in the contract is payable monthly (as it normally is) but you except six months up front it alters the nature of the original contract and if you wanted to serve a section 21 at the end of the tenancy period it would have to be dated six months in advance.

Now before you start jumping up and down shouting rubbish

This situation is backed up by recent case law, CHURCH COMMISSIONERS V MEYA (2006)

The approach adopted in the county courts under section 5(3)(d) of the housing act 1988 was that if the rent under thefixed term tenancy was payable weekly the tenancy arising at the end of the fixed term would be a weekly tenancy, but if the rent was paid monthly the periods would be monthly and so on.

But of course this depends if the judge knows the law

Be careful relying on this. This case refers to a section 21(4) notice - which is the one issued once you are on a statutory periodic tenancy.

The OP is still within the fixed term of an AST - so the LL can issue a s21 notice at any time before 6 March 2008, giving two months notice. And provided that the notice is legally valid, the OP will have two months to vacate.

MissMoneypenny

speedtwin wrote: »

Are you saying i should not have pointed it out

Quite the opposite. It was brilliant to have that pointed out. Just thought this thread, as it is about S21 too, needed to have that information on it also.

Tassotti

imcarm wrote: »

I rented the property through an estate agent, they did their usual credit checks and my partners bankruptcy meant I had to pay the deposite and 6 months rent up front, I was told if I did this then I could move on to a normal rental agreement after the 6 month period.

MissMoneypenny

Tassotti wrote: »

What part are you confused about?

speedtwin

PasturesNew wrote: »

Here's a more detailed account: http://nt4992.vs.netbenefit.com/articles/viewarticle.asp?articleid=1622

I did wonder if you'd have to keep paying 6 months up front though for this to apply. As you would have paid the first 6 months up front, whether it is necessary to keep doing this.

The ARLA legal coures say yes