Help! Section 21 notice and tenant rights

Ashleighjeeves · 14 March 2018 at 11:05PM

My tenancy agreement doesn!!!8217;t specify what kind of agreement it goes over to, it says !!!8220;if the tenant decides to terminate the contract after the appointed term has finished, they must give 4 weeks notice from the day the contract started.
I!!!8217;ve read the link and still don!!!8217;t understand what mine is then?
And I!!!8217;ve checked the validity of my section 21 and apart from the deposit info being emailed to me two days later, everything else seems to be in order. So if I were to move on the date specified by the LL (14/5) that would mean I need to pay and odd 11 days of rent. This is why it made sense when I read on the shelter website that it should be reflective of the rent schedule.

G_M · 14 March 2018 at 11:18PM

Ashleighjeeves wrote: »

My tenancy agreement doesn!!!8217;t specify what kind of agreement it goes over to, it says !!!8220;
Then it's probably a SPT. But see below!

if the tenant decides to terminate the contract after the appointed term has finished, they must give 4 weeks notice from the day the contract started.

On the one hand this suggests you have a CPT and 4 weeks notice is required.
On the other hand 'from the day the contract started' makes no sense at all.

Please quote wording in full.

I!!!8217;ve read the link and still don!!!8217;t understand what mine is then?
Possibly because your contract is poorly worded.

Please quote.

And I!!!8217;ve checked the validity of my section 21 and apart from the deposit info being emailed to me two days later, everything else seems to be in order.
Please explain "two days later". Later than what? The 30 day deadline? If so, the S2 is invalid.

So if I were to move on the date specified by the LL (14/5) that would mean I need to pay and odd 11 days of rent. This is why it made sense when I read on the shelter website that it should be reflective of the rent schedule.

If you move out on the date the LL requests, and have paid additional rent, the LL must refund any rent overpaid on a pro rata basis.

See section 40 of the Deregulation Act 2015 here.

Ashleighjeeves · 15 March 2018 at 11:25AM

Unfortunately that is the exact wording of my tenancy agreement. I’d send you a pic but I honestly don’t know how to post a picture on here. That’s the full wording of the paragraph relating to termination of the tenancybon part of the tenant.

The deposit information was sent to me two days after I received my section 21 notice.

saajan_12 · 15 March 2018 at 1:44PM

Ashleighjeeves wrote: »

Hi all,

I am currently on a rolling contract with my landlord as my original agreement expired on the 3rd of October.

I pay my rent on the 3rd of every month and on the 8 of this month (a couple of days after paying my advanced rental payment) I was served with a section 31 notice that detailed I was required to leave by the 14th of May. - Section 21 notice presumably? Theres a long checklist to ensure its valid - make sure it is before worrying about it.

I have found somewhere else to live and tried to give my one months notice (as per my tenancy agreement) - what exactly is "per" your tenancy agreement? Please quote any clauses about what happens after the fixed term. If nothing is mentioned, you're on a SPT and its one tenancy period, not one month. on the 12th of this month and offered to pay rent owed for the 3rd to the 12th of April. - If SPT, this is invalid. Rent payments are indivisible so you can't pay the rent for a few days. However my landlord first off told my lettings agent it was out of order and I should honour his two months and leave bang on the 14th... - he might want that, but doesn't have the right to demand that. You can serve your own VALID notice to expire before 14th, or remain after the 14th until he goes to court etc. then he came back to the lettings agent and said because I hadn!!!8217;t given my notice on the rent payment day it wasn!!!8217;t valid. - correct, its not valid, the earliest notice expiry is 2nd May providing you serve it on / before 3rd April. Basically snookering me into staying for his two months - No, basically holding you to statutory law (assuming SPT) that valid notice from tenant must be in line with tenancy periods. And its 1.5months, not 2 months. as I now can!!!8217;t give notice until the 3rd of April, taking me through to the 3rd of may. I have tried to be reasonable with him and explained that I have found somewhere else to live but he is adamant that I am to stay for two months. Can anyone help me? It point me in the right direction? -
yes, read and quote in full, any clauses in your contract referring to periodic tenancies / what happens after your fixed term. Then serve valid notice in line with that or negotiate something different with your LL. If I can!!!8217;t move into the new place within a month I lose it. So if you can afford the overlap, move into the new place early and pay an extra 2 weeks rent upto 2nd May on this place per your SPT. If you can't afford the overlap, then remain where you are and look for somewhere else - shouldn't be too difficult as you found this place within a few days. I also have a two week holiday booked for the end of April to the beginning of May which is unfortunate timing as, if I am unable to uphold my notice then I will be essentially coming back from holiday to no where to live.

Any help or advice is appreciated.

conavar1903 wrote: »

Tell the LL to get lost. You have given your notice. - yes, but this may be invalid if he is indeed on a SPT as OP indicates. Move into your new place when you have agreed and let him chase you for anything outstanding. - LL presumably has a deposit from which he can deduct half a months rent easily and legitimately, plus any late fees agreed in the contract.
It's time this country started to properly protect tenants. Everything is stacked in the property owners favour.

So in the issue of notice, the tenant has to give 1 tenancy period notice (ie anywhere between 1 cal month and 2 cal months depending on where in the period you are). The Landlord has to give 2 calendar months notice + go to court + wait for possession order to expire + apply for bailiffs + wait for them to visit and evict the tenant. How exactly is that in the owner's favour?

Ashleighjeeves wrote: »

I just worry that because he has rejected my notice, that he will then withhold my deposit? - He is legally allowed to withhold money to cover the outstanding rent (plus any agreed late fees etc). Is he allowed to reject a notice to leave?- Its not about rejecting / accepting, you haven't served a valid notice (assuming SPT).

The key is whether you are on a CPT or SPT. The bits you have quoted are unclear - please quote the entire section on periodic tenancy / what happens after the fixed term verbatim.

IF SPT then your notice must be in line with tenancy periods ie served by 3rd, expire 2nd of next month. So far you've served invalid notice.

IF CPT then your notice is according to that - need the exact terms to confirm what you've sent is valid.

You can serve valid notice before or after the LL's date of 14th May. You only have to leave when you receive a possession order from the court and bailiffs evict you, though you may have to cover the LL's cost for these.

G_M · 15 March 2018 at 2:14PM

So the tenancy agreement says:

"if the tenant decides to terminate the contract after the appointed term has finished, they must give 4 weeks notice from the day the contract started."

Where is this? Is it a sub-clause within a larger section? If so, what is the section heading?

The implication is that following the end of the fixed term, a CPT arises, which can be ended with 4 weeks notice. This is shorter than the notice required by a SPT.

But as the clause is so meaningles it can prrobably be disregarded, so in the absence of any other clauses stating what happens afteer the end of the fixed term, a SPT will arise.

(meanngless since the contract started on 3rd Oct 2016. 4 weeks from then would be 31st Oct 2016!)

PLEASE READ BEFORE POSTING

Help! Section 21 notice and tenant rights

Comments

Categories

Get our FREE Weekly email full of deals & guides - and it’s spam-free