Validity of Section 21

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    Validity of Section 21

    Hi everyone,

    my house nightmare is still going on with several developments (see my previous post for background info if interested). Now i have a new question for you all as you've been super helpful so far.

    I had an AST signed in August 2015 (joint tenancy with another person). The other person moved out April 2016 and we signed an addendum (with the LL - everyone happy) saying that i will now be the only person remaining on the tenancy for the rest of the duration and the other person wouldn't be responsible anymore. Do you think this created a new tenancy?

    I am asking because i was just served a Section 21 (4)(a) notice and i was wondering whether it is valid (if the addendum created a new tenancy in 2016).

    Thank you all

    #2
    Sorry, i forgot to add, for those of you the read my previous posts, that the unprotected deposit was returned before i was served the S21(4)(a).

    Comment


      #3
      Originally posted by poppyla View Post
      Do you think this created a new tenancy?
      Just you two signing the addendum, no witness, so not executed as a deed?

      Probably, as a surrender and re-grant of the tenancy rather than an assignment of the existing one.

      I assume you're looking at post-Deregulation Act (Oct 2015) requirements to invalidate the s21 notice? You know you are just delaying the inevitable right? Eventually your landlord will get it right and evict you.
      I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

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        #4
        Thank you KTC. Yes, I know, but due to my personal circumstances even an extra month or two would make all the difference.

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          #5
          Ask him for an extra month, then.

          If the 'addendum' did create a new tenancy, then it is likely that it was a 6-month tenancy.

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            #6
            I can't ask for an extra month because he has a history of harassment and bullying and we're no longer in speaking terms.

            Comment


              #7
              Originally posted by MdeB View Post
              If the 'addendum' did create a new tenancy, then it is likely that it was a 6-month tenancy.
              Given the addendum, the length will be the "rest of the duration" of the previous tenancy whatever that is.
              I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

              Comment


                #8
                the duration is not an issue as this was signed April 2016 with the original ast fixed term ending august 2017 and the addendum saying i would take over the tenancy for it's duration. it's been periodic since Aug 2017.

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