PLEASE READ BEFORE POSTING

Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.

Receiving Section 21. Can I serve a notice back?

boonkoh
boonkoh Posts: 60 Forumite
First Post First Anniversary Combo Breaker
in House buying, renting & selling
My story is a bit complicated so bear with me!

My one-year AST ends on the 21st October. Today is the 10th Oct. On the 22nd October, it automatically becomes a periodic tenancy.

The landlord has informed me today he's going to serve a section 21 notice (so probably seeking possession around the 12th Dec).

Am I right in thinking that, if I wanted to, I could serve my own notice to the landlord on the 22nd October (start of the period tenancy) to leave on the 21st November?
«1

Comments

  • cjmillsnun
    cjmillsnun Posts: 615 Forumite
    edited 10 October 2017 at 5:38PM
    You could indeed. However I don’t think the can issue with an S21 until you go periodic as there are less than two months remaining on your fixed term.
    2.88 kWp System, SE Facing, 30 Degree Pitch, 12 x 240W Conergy Panels, Samil Solar River Inverter, Havant, Hampshire. Installed July 2012, acquired by me on purchase of house in August 2017
  • ProDave
    ProDave Posts: 3,711 Forumite
    First Anniversary Name Dropper Combo Breaker First Post
    I though the LL could issue 2 months notice, 2 months before the 12 months is up, so it can end on exactly 12 months from when it started. Or give 2 months notice any date thereafter.

    If he can't then it was never a 12 month contract but a 14 month contract.

    Of course if you want to leave sooner, then you can give notice to do so.
  • boonkoh
    boonkoh Posts: 60 Forumite
    First Post First Anniversary Combo Breaker
    It is a 12 months AST, ending on 21st Oct. So hence why it will automatically become a periodic tenancy on the 22nd Oct.

    The landlord is serving his 2 months notice to get the property back via section 21, which at this point will mean he will get back the property mid Dec.

    I was wondering whether it is possible for me to serve my own notice to quit after he serves his. In case I find something else sooner and want to move out earlier by the 21st Nov.
  • G_M
    G_M Posts: 51,977 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    edited 10 October 2017 at 6:26PM
    cjmillsnun wrote: »
    However I don’t think the can issue with an S21 until you go periodic as there are less than two months remaining on your fixed term.
    He can issue a S21 at any time provided it expires at least 2 calender months later.

    As fo serving your own notice, yes you can. But beware. If you start a periodic tenancy on 22 Oct, and serve notice on, say 23rd, then your notice would expire on 21st december, as that is 1 full tenanccyy period later. 21st Nov is less than a full tenancy period. Serving notice to end a tenancy before it has started would be a legal nonsense.

    You can, of course, simply leave on 21st October when th 12 month contract ends - no notice needed.

    But you canNOT serve notice to end the periodic tenancy until it starts on 22nd Oct.
  • rtho782
    rtho782 Posts: 1,189 Forumite
    First Anniversary First Post
    You don't have to give any notice to leave at the end of the 12 month contract - 21st Oct.

    You could just hand the keys back on this date. The landlord will probably be annoyed as he will have a void.
  • boonkoh
    boonkoh Posts: 60 Forumite
    First Post First Anniversary Combo Breaker
    rtho782 wrote: »
    You don't have to give any notice to leave at the end of the 12 month contract - 21st Oct.

    You could just hand the keys back on this date. The landlord will probably be annoyed as he will have a void.

    That's true and a very good point. Few people know this right. I don't have to give notice if I leave 22oct at the end of the AST, but unfortunately won't be able to sort out my new housing so soon.
  • Marvel1
    Marvel1 Posts: 7,171 Forumite
    Name Dropper First Post First Anniversary
    boonkoh wrote: »
    That's true and a very good point. Few people know this right. I don't have to give notice if I leave 22oct at the end of the AST, but unfortunately won't be able to sort out my new housing so soon.

    No 21st October, one day over and you have to give notice.
  • boonkoh
    boonkoh Posts: 60 Forumite
    First Post First Anniversary Combo Breaker
    cjdavies wrote: »
    No 21st October, one day over and you have to give notice.

    Sorry, you're right! Getting mixed up with the dates!

    So just to confirm, if I want to leave on the 21st Nov (end of the first month of the periodic contract) I have to give notice on the 22nd Oct? Can I give earlier? Or does that not work as the periodic contract hasn't automatically started yet and I'm still in the AST?
  • 00ec25
    00ec25 Posts: 9,123 Forumite
    Combo Breaker First Post
    boonkoh wrote: »
    Can I give earlier? Or does that not work as the periodic contract hasn't automatically started yet and I'm still in the AST?
    read #5, you have been given the answer already
  • boonkoh
    boonkoh Posts: 60 Forumite
    First Post First Anniversary Combo Breaker
    00ec25 wrote: »
    read #5, you have been given the answer already

    Sorry, my bad. I missed that!
This discussion has been closed.
★ ★ ★ Meet your Ambassadors

Categories

  • All Categories
  • 343.1K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.7K Spending & Discounts
  • 235.2K Work, Benefits & Business
  • 607.9K Mortgages, Homes & Bills
  • 173K Life & Family
  • 247.8K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards